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THECHARTER 


OF  THE 


CITY  OF  NASHVILLE 


1921 


11 


i/ 


w 


THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


THE  CHARTER 


OF  THE 


City  of  Nashville 


MAYOR  AND  CITY  COUNCIL 
FORM  OF  GOVERNMENT 


Compiled  By 

MORTON  B.  ADAMS 
City  Attorney 

AND 

J.  WASHINGTON  MOORE 
Assistant  City  Attorney 


Nashville,  Tenn. 

AMBROSE  PRINTING  COMPANY 

1921 


TABLE  OF  CONTENTS 


Page 
Chartej  Act 5-94 

Act  Extending  Corporate  Limits 95-101 


CHAPTER  193. 

Private  Acts  of  1921. 

House  Bill  No.  505. 

(By  Davidson  County  Delegation). 

A  BILL  to  be  entitled  An  Act  to  create  a  municipal  corporation 
to  be  known  as  the  "City  of  Nashville,"  and  to  define  its  rights, 
powers,  duties  and  obligations,  and  to  repeal  all  laws  or  parts 
of  laws  in  conflict  with  the  provisions  of  this  Act. 

SECTION   1.     Be  it  enacted  by  the  General  Assembly  o/ Municipal 
the  State  of  Tennessee,  That  there  is  hereby  created  a  muni-    crert'e'd*""' 
cipal  corporation  and  body  politic,  to  be  known  and  desig- 
nated as  the  "City  of  Nashville,"  the  boundaries  of  which ^^        . 
shall  be  co-extensive  with  the  present  limits  of  the  muni- 
cipal corporation,  .City  of  Nashville,   which  was  chartered 
under  Chapter  (22)  of  the  Private  Acts  of  1913. 

Said  municipal  corporation  shall  be  divided  into    fifteen  i5  wards 

«2    (15)  wards. 

•jw       The   First   Ward   shall   include   all   the   area   within   the  „     _.   .     , 

*■*     (.    11         •         1  1       •  •  Boundaries  of 

j^   lollowmg  boundaries,  to-wit: 

^       Beginning  at  Jefferson  Street,  on  the  Cumberland  River ;  pirst  uard 

g  thence   west  along  the   center  of  Jefferson   Street   to   the 

Ij  intersection  of   Eighteenth   Avenue,    North;    thence    north 

along  the  center  of  Eighteenth  Avenue,  North,  to  Bosley. 

or  Heiman  Street ;  thence  West  along  the  center  line  of  Bosley 

5^   Street  to  Twenty-first  Avenue,  North;  the  corporation  line; 

^   thence  northwardly  and  eastwardly   along   the   corporation 

g  line  as  it  now  exists  to  the  Cumberland  River;  thence  south- 

^   wardly  with  the  Cumberland  River  to  the  point  of  beginning. 

The  boundary  lines  of  the  Second  Ward  shall  be  as  follows : 

Beginning  at  Jefferson  Street  and  the  Cumberland  Ri^'er ;  ^^^^^^^  ^^^^ 

3  thence    westwardly  along  the  center  of  Jefferson  Street  to "  ^ 

s£  the   intersection  of   Ninth    Avenue,    North;   thence   south- 

g  wardly  along  the  center  of  Ninth  Avenue,   North,   to  the 

CO  center  of  Jo    Johnson    Avenue;    thence    eastwardly    along 

^  Jo  Johnson  Avenue  to  the  center  of  Fourth  Avenue,  North; 

2  thence    southwardly  along  the   center  of   Fourth   Avenue, 

:[i  North,  to  the  center  of  Broadway;  thence  westwardly  with 

the   center  of   Broadway   to   the   center  of   Fifth   Avenue; 

thence  southwardly  along  the  center  of  Fifth  Avenue,  South, 

to  the  center  of  Peabody  Street;  thence  eastwardly    with 

the  center  of  Peabody  Street  and  the  extension  thereof  to   • 

the  Cumberland  River;  thence  northwardly  on  Cumberland 

River  to  the  intersection  of  Jefferson  Street,  the  point  of 

beginning. 

448990 


6  CHARTER 

The  boundary  lines  of  the  Third  Ward  shall  be  as  follows  : 
Third  Ward.  Beginning  at  the  intersection  of  Fourth  Avenue   and  Jo 

Johnson  Avenue;  thence  westerly  along  the'  center  of  Jo 
Johnson  Avenue  to  the  center  of  10th  Avenue,  X-,  thence 
southwardly  along  the  center  of  10th  Avenue  to  the  center  of 
Broadway;  thence  westerly  along  the  center  of  Broadway 
to  the  easterly  boundary  line  of  the  Louisville  &  Nashville 
railroad  terminal  yards;  thence  southwardly  continuing  with 
the  easterly  line  of  the  right  of  way  of  the  Nashville  &  Chatta- 
nooga Railroad  to  the  center  of  8th  Avenue  South;  thence 
northerly  with  the  center  of  8th  Avenue,  South,  to  the  center 
of  Lea  Avenue;  thence  southeasterly  with  the  center  of  Lee 
Avenue,  to  the  center  of  7th  Avenue;  thence  northwardly 
along  the  center  of  7th  Avenue  South,  to  the  center  of 
Peabody  St. ;  thence  easterly  along  the  center  of  Peabody  to 
the  center  of  5th  Avenue,  South;  thence  northerly  along  the 
center  of  5th  Avenue,  to  the  center  of  Broadway;  thence 
easterly  along  the  center  of  Broadway  to  the  center  of  4th 
Avenue;  thence  northerly  along  the  center  of  4th  Avenue, 
North,  to  the  center  of  Jo  Johnson  Avenue,  to  the  point  of 
beginning. 
Fourth  Ward  The  boundary  lines  of  the  Fourth  Ward  shall  be  as  follows : 
Beginning  at  the  center  of  Peabody  Street  as  extended 
and  the  Cumberland  River;  thence  westw^ardly  along  the 
center  of  Peabody  Street  to  the  center  of  Seventh  Avenue, 
South;  thence  southwardly  along  the  center  of  Seventh 
Avenue,  South,  to  the  center  of  Lea  Avenue;  thence  west- 
wardly  along  the  center  of  Lea  Avenue  to  the  center  of 
Eighth  Avenue,  South,  thence  southwardly  along  the  center 
of  Eighth  Avenue,  South ;  to  the  center  of  the  North-bound 
main  track  of  the  Nashville,  Chattanooga  and  St.  Louis 
Railway,  thence  southw^ardly  with  the  center  of  said  track 
to  the  center  of  Ewing  Avenue ;  thence  northwardly  with  the 
center  of  Ewing  Avenue  to  the  center  of  Troost  Street; 
thence  eastwardly  with  the  center  of  Troost  Street  to  the 
center  of  Sixth  Avenue,  South,  thence  southwardly  with 
the  center  of  Sixth  Avenue,  South,  to  the  center  of  ]Mul- 
berry  Street,  thence  eastwardly  with  the  center  of  Mulberry 
Street,  to  the  center  of  Third  Avenue,  South;  thence  south- 
wardly with  the  center  of  Third  Avenue,  South,  to  the  center 
of  Center  Street;  thence  easterly  with  the  center  of  Center 
Street  to  the  center  of  Second  Avenue,  South;  thence  south- 
wardly with  the  center  of  Second  Avenue,  South,  to  the 
center  of  Carroll  Street;  thence  easterly  with  the  center  of 
Carroll  Street,  to  the  center  of  Wharf  Avenue;  thence  south- 
•  wardly  with  the  center  of  Wharf  Avenue,  to  the  center  of 
First  Avenue,  South,  formerly  Maple  Street;  thence  south- 
eastwardly  with  the  center  of  Maple  Street  to  the  center  of 
South  Hill  Street;  thence   eastwardly   along  the  center  of 


CITY  OF  NASHVILLE 

South  Hill  Street  to  the  corporation  line  as  it  now  exists; 
thence  eastwardly  along  said  corporation  line  to  the  Cumber- 
land River;  thence  northwardly  along  the  Cumberland 
River  to  the  point  of  beginning. 

The  boundary  lines  of  the  Fifth  Ward  shall  be  as  follows: 
Beginning  at  the  center  of  South  Hill  Street,  where  it  ' 
intersects  the  present  corporation  line;  thence  following  the 
meanderings  of  the  present  corporation  line  to  the  center  of 
Argyle  Avenue,  where  it  intersects  said  corporation  line; 
thence  westwardly  with  the  center  of  Argyle  Avenue  to  the 
center  of  Tenth  Avenue,  South;  thence  southwardly  along 
the  center  of  Tenth  Avenue,  South  to  the  center  of  Wallace 
Street;  thence  westwardly  with  the  center  of  Wallace  Street 
to  the  center  of  Twelfth  Avenue,  South ;  thence  northwardly 
with  the  center  of  Twelfth  Avenue,  South,  to  the  center  of 
Cleaves  Street;  thence  eastwardly  with  the  centre  of  Cleaves 
Street  to  the  intersection  of  Eight  Avenue,  South;  crossing 
the  tracks  of  the  Nashville  Terminals  over  Eighth  Avenue, 
South,  to  the  center  of  the  Nashville,  Chattanooga  &  St. 
Eouis  Railway  north-bound  main  track;  thence  southeast- 
wardly  with  the  center  of  said  railroad  track  to  the  center  of 
Ewing  Avenue;  thence  northwardly  with  the  center  of 
Ewing  Avenue,  to  the  center  of  Troost  Street;  thence  east- 
wardly with  the  center  of  Troost  Street  to  the  center  of 
Sixth  Avenue.  South;  thence  southwardly  with  the  center 
of  Sixth  Avenue,  South,  to  the  center  of  Mulberry  Street; 
thence  eastwardly  with  the  center  of  Alulberry  Street  to  the 
center  of  Third  Avenue,  South;  thence  southwardlv  with 
the  center  of  Third  Avenue,  South,  to  the  center  of  Center 
Street;  thence  eastwardly  with  the  center  of  Center  Street 
to  the  center  of  Second  Avenue,  South;  thence  southwardlv 
with  the  center  of  Second  Avenue,  South,  to  the  center  of 
Carroll  Street;  thence  eastwardly  with  the  center  of  Carroll 
Street  to  the  center  of  Wharf  Avenue;  thence  southwardlv 
with  the  center  of  Wharf  Avenue,  to  the  center  of  First 
Avenue,  South,  or  Maple  Street;  thence  southeastwardly 
with  the  center  of  First  Avenue,  South,  or  Maple  Street,  to 
the  center  of  South  Hill  Street;  thence  eastwardly  to  the 
corporation  line,  the  point  of  beginning. 

The  boundary  lines  of  the  Sixth  Ward  shall  be  as  follows : 
Beginning  at  the  center  of  Broadway  where  it  would  in- ^'''*'' ^^"""^ 
tersect  the  eastern  margin  of  the  property  of  the  Louisville 
&  Nashville  Terminal  Company;  thence  westwardly  with 
the  center  of  Broadway  to  the  center  of  Fifteenth  Avenue, 
on  the  North;  thence  northwardly  with  the  center  of  Fif- 
teenth Avenue.  North,  to  the  center  of  the  alley  North  of 
Hayes  Street  and  South  of  Church  Street;  thence  westwardly 
along  the  center  of  said  alley  to  the  center  of  Twentieth  Ave- 
nue, North;  thence  northwardly  along  the  center  of  Twen- 
tieth Avenue,  North,  to  the  center  of  Church  Street;  thence 


CHARTER 


Seventh  Ward. 


Eighth  Ward. 


westwardly  along  the  center  of  Church  Street  to  the  center 
of  Twenty-first  Avenue,  North;  thence  southwardly  along 
the  center  of  Twenty-first  Avenue,  North,  and  Twenty- 
first  Avenue,  South,  to  the  intersection  of  Edgehill  Avenue; 
thence  eastwardly  along  the  center  of  Edgehill  Avenue 
to  the  center  of  Twelfth  Avenue.  South;  thence  northwardly 
along  the  center  of  Twelfth  Avenue,  South,  to  the  center  of 
Gleaves  Street;  thence  eastwardly  along  the  center  of 
Gleaves  Street  to  the  overhead  bridge  at  Eighth  Avenue, 
South,  crossing  said  bridge  to  the  eastern  boundary  of  the 
Louisville  and  Nashville  Terminal  Company's  yards  and 
thence  westwardly  .and  northerly  along  said  Company's 
right  of  way  to  the  center  of  Broadway,  the  point  of  beginning. 
The  boundary  lines  of  the  Seventh  Ward  shall  be  as  follows : 
Beginning  at  the  center  of  Jefferson  Street  at  its  intersec- 
tion with  Ninth  Avenue,  North,  thence  westw^ardly  along 
the  center  of  Jefferson  vStreet  to  the  center  of  Eight- 
eenth Avenue,  North,  thence  northwardly  along  the  center 
of  Eighteenth  Avenue,  North,  to  Bosley  or  Heiman  Street; 
thence  westwardly  along  the  center  of  Bosley  or  Hei- 
man Street  to  the  present  corporation  line;  thence  fol- 
lowing said  corporation  line  in  a  southerly  and  west- 
wardly direction  to  the  right  of  way  of  the  Tennessee 
Central  Railroad;  thence  southwardly  along  the  line  of  the 
Tennessee  Central  Railroad  to  Batavia  Street;  thence  east- 
wardly along  the  center  of  Batavia  Street  to'  Twentieth 
Avenue,  North;  thence  southwardly  along  the  center  of  Twen- 
tieth Avenue,  North,  to  the  intersection  of  the  alley  south 
of  Church  Street  and  north  of  Hayes  Street;  thence  east- 
wardly along  the  center  of  said  alley  to  Fifteenth  Avenue, 
North ;  thence  southwardly  along  the  center  of  Fifteenth  Ave- 
nue, North,  to  the  center  of  Broadway;  thence  eastwardly 
along  the  center  of  Broadway,  to  the  intersection  of  Tenth 
Avenue  on  the  north  side  of  Broadway;  thence  northwardly 
along  the  center  of  Tenth  Avenue,  North,  to  Jo  Johnston 
A\'enue;  thence  eastwardly  along  the  center  of  Jo  Johnston 
Avenue  to  the  center  c-f  Ninth  Avenue,  North;  thence  north- 
wardly along  the  center  of  Ninth  Avenue,  North,  to  the 
center  of  Jefferson  Street,  the  point  of  beginning. 

The  boundary  lines  of  the  Eighth  Ward  shall  be  as  follows: 
Beginning  at  the  center  of  the  intersection  of  Arg}-le 
Avenue,  and  the  corporation  line;  following  the  meanderings 
of  the  corporation  line  in  -a  westerly  direction  to  the  inter- 
section of  Twenty-first  Avenue,  South,  and  Belcourt  Street; 
thence  eastwardly  along  the  center  of  Belcourt  Street  ex- 
tended to  the  center  of  Twelfth  Avenue,  South;  thence  along 
the  center  of  Twelfth  Avenue,  South,  to  the  center  of  Wallace 
Street;  thence  eastwardly  along  the  center  of  Wallace  Street 
to  the  center  of  Tenth  Avenue,  South;  thence  along  the 
center  of  Tenth  Avenue,   South,   to  the  center  of  Arg\'le 


CITY  OF  NASHVILLE 

Avenue;  thence  eastwardly  along  the  center  of  Argyle 
Avenue  to  the  corporation  Hne,  the  point  of  beginning. 
The  boundary  Hues  of  the  Ninth  Ward  shall  be  as  follows: 
Beginning  at  the  center  of  Belcourt  Street  where  it  inter-  '^'"'^  ^^^'^'^ 
sects  Twelfth  Avenue,  South;  thence  westwardly  along  the 
center  of  Belcourt  Street  to  the  center  of  Twenty- first 
Avenue,  South;  thence  northwardly  along  the  center  of 
Twenty-first  Avenue,  South;  to  the  center  of  Blakemore 
Street;  thence  westwardly  and  northerly  along  the  corpora- 
tion line  as  it  now  exists  to  where  it  intersects  West  End 
Avenue;  thence  eastwardly  along  the  center  of  West  End 
Avenue  to  the  center  of  Twenty-eighth  Avenue;  thence 
southerly  on  Twenty-eighth  Avenue  to  the  center  of  Garland 
Avenue  extended;  thence  eastwardly  along  the  center  of 
Garland  Avenue  to  the  center  of  Twenty-first  Avenue,  South; 
thence  along  the  center  of  Twenty-first  Avenue,  South,  to 
the  center  of  Edgehill  Avenue;  thence  eastwardly  along  the 
the  center  of  Edgehill  Avenue  to  the  center  of  Twelfth 
Avenue,  South;  thence  southwardly  along  the  center  of 
Twelfth  Avenue,  South,  to  the  center  of  Belcourt  Street, 
the  point  of  beginning. 

The  boundary  lines  of  the  Tenth  Ward  shall  be  as  follows : 
Begining  at  the  center  of  the  intersection  of  Church  Street  ^eifh  ward, 
and  Twentieth  Avenue,  North;  thence  along  the  center  of 
Twentieth  Avenue,  North,  to  the  center  of  the  Train  line  of 
the  Nashville,  Chattanooga  and  St.  Louis  Railway;  thence 
westwardly  along  the  center  of  the  main  line  of  the  Nashville, 
Chattanooga  and  St.  Louis  Railway,  to  the  corporation  line; 
thence  southwardly  along  the  corporation  line  to  the  center 
of  West  End  A\enue;  thence  eastwardly  along  the  center 
of  West  End  Avenue;  to  the  center  of  Twenty-eighth  Avenue, 
thence  southwardly  along  the  center  of  Twenty-eighth  Ave- 
nue, to  Garland  Avenue;  thence  eastwardly  along  the  center 
of  Garland  Avenue  to  the  center  of  Twenty-first  Avenue; 
thence  northwardly  along  the  center  of  Twenty-first  Avenue 
to  the  center  of  Church  Street ;  thence  eastwardly  along  the 
center  of  Church  Street  to  Twentieth  Avenue,  North,  the 
point  of  beginning. 

The   boundary  lines  of  the    Eleventh   Ward  shall   be  as 

follows  :  Kleventh 

Beginning  at  the  intersection  of  the  Nashville,  Chat-  '^-"''^ 
tanooga  and  St.  Louis  Railway  and  Minnesota  or  Murphy 
Avenue;  thence  eastwardly  along  the  center  of  the  Nash- 
ville, Chattanooga  and  St.  Louis  Railway  right  of  way  to 
the  center  of  Twentieth  Avenue,  North;  thence  northwardly 
along  the  center  of  Twentieth  Avenue,  North,  to  the  center 
of  Batavia  Street;  thence  westwardly  along  the  center  of 
Batavia  Street  to  The  Tennessee  Central  Railroad;  thence 
northwardly  along  the  Tennessee  Central  Railroad  to  the 
corporation  line ;  thence  westwardly,  southwardly  and  east- 


10 


CIIAKTIvK 


Twilflh  VVnrd. 


Thirtt-taith 
Ward. 


Fourteenth 
Ward. 


wardly,  following  the  i)resent  corporation  line  to  the  inter- 
section of  The  Nashville,  Chattanooga  and  St.  Louis  Railway 
and  Minnesota  or  Murphy  Avenue,  the  point  of  beginning. 

The  boundary  lines  of  the  Twelfth  Ward  shall  be  as  follows: 

Beginning  at  the  present  corporation  line  where  Hancock 
Street  if  extended  would  intersect  the  Cumberland  River; 
thence  eastwardly  along  the  present  corporation  line  to  First 
Street;  thence  southwardly  along  the  center  of  First  Street 
to  Foster  Street;  thence  eastwardly  along  the  center  of  Fos- 
ter Street  to  the  center  of  the  Louisville  and  Nashville  Rail- 
road Company's  right  of  way;  thence  northwardly  along  the 
Louisville  a.nd  Nashville  Railroad  Company's  right  of  way  to 
the  center  of  Marina  Street ;  thence  eastwardly  along  the  cen- 
ter of  Marina  Street  to  the  center  of  North  Ninth  Street; 
thence  southwardly  along  the  center  of  Ninth  Street  to  an 
alley  (150)  feet  South  of  the  South  property  line  on  Main 
Street;  thence  westwardly  with  said  line  or  alley  extended 
to  the  center  of  Fourth  Street ;  thence  southwardly  along  the 
center  of  Fourth  Street  to  the  center  of  Sylvan  Street;  thence 
eastwardly  along  the  center  of  Sylvan  Street  to  the  center 
of  Seventh  Street;  thence  southwardly  along  the  center  of 
Seventh  Street  to  the  corporation  line;  thence  with  the  cor- 
poration line  and  Cumberland  River  in  a  northerly  direction 
to  the  point  of  beginning. 

The  boundary  lines  of  the  Thirteenth  Ward  shall  be  as 
follows : 

Beginning  at  the  intersection  of  First  Street  and  Hancock 
Street;  thence  southwardly  along  the  center  of  First  Street, 
to  Foster  Street;  thence  eastw^ardly  along  the  center  of  Fos- 
ter Street  to  the  center  of  the  right  of  way  of  the  Louisville 
and  Nashville  Railroad  Company;  thence  northwardly  along 
the  center  of  said  right  of  way  to  Marina  Street;  thence 
eastwardly  along  the  center  of  Marina  Street  to  Ninth 
Street ;  thence  southwardly  along  the  center  of  Ninth  Street 
to  the  center  of  Main  Street;  thence  eastwardly  along  the 
center  of  Main  Street  and  the  Gallatin  Road,  to  the  corpora- 
tion line;  thence  northwardly  and  westwardly  with  the  cor- 
poration line  to  the  point  of  beginning. 

The  boundary  lines  of  the  Fourteenth  Ward  shall  be  as 
follows : 

Beginning  at  the  intersection  of  South  Fourth  Street  and 
Sylvan  Street;  thence  northeastwardly  along  the  center  of 
Fourth  Street  to  the  line  or  alley  one  hundred  and  five  feet 
south  of  Main  Street;  thence  eastwardly  along  said  line  or 
alley  to  the  center  of  Ninth  Street;  thence  northwardly 
along  the  center  of  Ninth  Street  to  the  center  of  Main  Street; 
thence  northeastwardly  along  the  center  of  Main  Street  and 
the  Gallatin  Road  to  Ordway  Place ;  thence  eastwardly  along 
the  center  of  Ordway  Place  to  Fourteenth  Street;  thence 
southwardlv    along  the  center  of  Fourteenth  Street  to  the 


CITY  OF  NASHVILLE  1 1 

corporation  line;  thence  following  said  corporation  line  to  the 
intersection  of  Seventh  Street  and  Tenth  Street  extended, 
thence  northwardly  along  the  center  of  Seventh  Street  to 
Sylvan  Street;  thence  westwardly  along  the  center  of  Sylvan 
Street  to  the  center  of  Fourth  Street,  the  point  of  beginning 

The  boundary  lines  of  the  Fifteenth  Ward  shall  be  as 
follows; 

Beginning  at  the  intersection  of  .South  Fourteenth  Street,  Fifteenth 
extended,  and  the  Cumberland  River;  thence  northwardly 
along  the  center  of  Fourteenth  Street  to  Ordway  Place; 
thence  westwardly  along  the  center  of  Ordway  Place  to  the 
Gallatin  Road;  thence  northwardly  along  the  center  of  the 
Gallatin  Road  to  the  corporation  line;  thence  southwardly 
and  eastwardly  with  the  present  corporation  line  to  the 
Cumberland  River,  and  thence  northwardly  with  the  Cum- 
berland River  to  the  point  of  beginning.  Annexation  of 

Additional  territorv  mav  be  taken  into  the  citv  limits  in    ^'*^^^ 

,,,.--  -  Territory. 

the  manner  tollowmg: 

Whenever  a  petition  shall  be  presented  to  the  City  Council,  Petition, 
signed  by  not  less  than  fifty  per  cent  of  the  qualified  voters 
residing  in  such  territory,  computed  upon  the  number  of  votes 
cast  at  the  last  general  State  election  held  therein,  describ- 
ing the  boundaries  ot  such  territory,  and  praying  to  be  an- 
nexed to  the  City  of  Nashville,  said  proposition  may  by  the 
City  Council  be  submitted  to  the  voters  of  such  territory  at 
a  special  election  to  be  called  and  held  for  that  purpose,  ^'^'j'^^j 
and  said  City  Council  shall  cause  a  copy  of  said  petition  and 
notice  of  such  election  to  be  published  in  a  newspaper  of  gen- 
eral circulation  in  the  City  of  Nashville,  once  a  week  for  four 
(4)  weeks  preceding  said  election.  All  of  the  electors  vot- 
ing in  said  election  shall  indicate  their  preference  by  placing 
a  cross  mark  opposite  the  questions  appearing  on  the  ballot: 
"For  annexation,"  "Against  annexation;"  and  all  such  elec- 
tions shall  be  called,  held,  conducted,  and  the  returns  thereof 
canvassed  and  the  result  declared  in  all  respects  as  in  the  case 
of  general  municipal  elections. 

In  the  event  that  a  majority  of  the  qualified  voters  of  said 
territory  voting  on  said  proposition  shall  vote  for  annexation 
then  the  proper  governing  authorities  of  the  City  are  hereby 
authorized  and  directed  to  take  said  territory  into  the  City; 
but  no  territory  shall  be  annexed  to  the  City  except  by  con- 
sent of  said  City  as  evidenced  by  ordinances  consenting 
thereto. 

Sec.  2.  Be  it  further  enacted,  That  said  corporation  shall  coriKir.ue 
have  perpetual  succession;  and  have  power  to  sue  and  be  uaWkies'* 
sued.  It  may  purchase,  receive,  condemn  and  hold  property 
in  fee  simple,  or  other  lesser  estate,  real,  personal  or  mixed, 
for  corporation  purposes,  both  within  and  without  the  cor- 
porate limits  of  the  City,  and  it  shall  have  power  to  sell 
lease  and  dispose  of  said  property  at  its  reasonable  market 
value,  to  the  same  extent  as  natural  persons. 


12  CHARTER 

It  shall  have  the  power  to  manage,  operate,  and  control 
such  property,  and  make  any  and  all  rules  and  regulations, 
by  ordinance  and  resolution,  which  may  be  required  to  carry 
out  fully  the  provisions  of  any  conveyance,  deed  or  will  in  re- 
lation to  any  gift  or  bequest,  or  the  provisions  of  any  lease 
by  which  it  may  acquire  property;  it  may  assess,  levy  and  col- 
lect taxes  for  general  and  special  purposes,  on  all  the  subjects 
or  objects  which  the  city  may  lawfully  tax  under  the  laws  of  the 
State  and  the  provisions  of  this  Act;  it  may  acquire, construct, 
own,  lease  and  operate  any  public  utilities;  it  may  levy  and 
collect  assessments  for  local  improvements;  it  may  borrow 
money  on  the  faith  and  credit  of  the  City  by  the  issuance 
or  sale  of  bonds  or  notes  of  the  City;  may  appropriate  the 
money  of  the  City  for  all  purposes  lawful  under  the  provis- 
ions of  this  Act;  it  may  create,  provide  for,  construct,  operate, 
regulate  and  maintain  all  things  of  the  nature  of  public 
works  and  improvements ;  it  may  license  and  regulate  persons, 
corporations  and  associations  engaged  in  any  business,  occu- 
pation, profession  or  trade;  it  may  define,  prohibit,  regulate, 
abate,  suppress  and  prevent  all  things  detrimental  to  the 
health,  morals,  comfort,  safety,  convenience  and  welfare  of 
the  inhabitants  of  the  City,  and  all  nuisances  and  causes  there- 
of;  it  may  do  all  things  necessary  to  promote  the  health,  con- 
venience and  welfare  of  its  citizens,  and  for  said  purposes  it 
may  exercise  all  of  the  power  conferred  in  this  Act;  it  may 
regulate  and  prescribe  the  construction  and  the  material  used 
in  all  buildings  and  the  maintenance  and  occupation  thereof; 
it  may  regulate  and  control  the  use,  for  whatever  purposes, 
of  the  Streets,  and  other  public  places;  it  may  create,  estab- 
lish and  abolish  and  organize  offices,  and  fix  the  salaries  and 
compensation  of  all  officers  and  employes,  by  ordinance,  as 
herein  provided;  it  may  make  and  enforce  local  police,  sanitary 
and  other  regulations;  it  may  pass  such  ordinances  as  may 
be  deemed  expedient  for  maintaining  and  promoting  the 
peace,  the  good  government  and  the  welfare  of  the  City,  and 
for  the  performance  of  the  functions  thereof. 

It  shall  have  all  powers  that  are  now  or  hereafter  may  be 
granted  to  municipalities  under  the  constitution  or  the  laws 
of  the  State  of  Tennessee  that  are  general  in  their  nature, 
and  all  powers,  whether  express  or  implied,  shall  be  exer- 
cised and  enforced  in  the  manner  prescribed  in  this  Act,  or 
when  not  prescribed  herein,  in  such  manner  as  shall  be  pro- 
vided according  to  this  Act  or  by  the  laws  of  the  State. 
Seal.  It  shall  have  for  use  a  common  seal,  which  it  mav  ah?: 

at  pleasure. 

B^y.'^^  .Sec.  3.     B?  it  further  ma:Ud,  That  all  legislative  powers 

of  this  municipal  corporation  except  as  otherwise  provided 
"City  Council-  j^  ^\^\^  ^ct  shall  be  vested  in  a  legislative  body,  which  shall 
be  designated  "City  Council." 

The  City  Council  shall  be  composed  of  fifteen  (15  ^  council- 


CITY  OF  NASHVILLE  13 

men,  one  of  whom  shall  reside  in  and  be  elected  from  each  ^couSciimen. 
of  the  several  wards  of  the  city  as  hereinabove  constituted 
and  by  the  qualified  voters  of  the  ward  from  which  he  is  elec- 
ted ;  the  election  of  said  members  to  be  at  the  general  city  Eiectcd-when. 
election  to  be  held  on  the  fourth  Thursday  in  September, 
and  to  be  for  a  term  of  four  (4^  years,  and  their  terms  ofTe^^oi 
office  to  begin  on  the  Tuesday  following  the  second  Thursday 
in  October;  provided,  however,  that  the  members  of  the  first pi^st  city 
City  Council  shall  be  elected  on  April  14,  1921,  as  hereinafter    coundi 
provided,  and  shall  go  into  office  at  ten  o'clock  A.  M.  on 
Tuesday,  April  19,   1921,  and  that  their  terms  shall  be  as 
follows'     Those  councilmen  from  the  First,  Second,  Third, 
Fourth,   Fifth,   Sixth  and  Seventh  Wards,   elected  at  said  Term  of  office 
election  shall  hold  office  until  the  Tuesday  following  the 
second  Thursday  in  October,  1923,  and  until  their  successors 
are  elected  and  qualified,  and  those  councilmen  elected  at 
said   election   from    the    Eighth,    Ninth,    Tenth,    Eleventh, 
Twelfth,  Thirteenth,  Fourteenth  and  Fifteenth  Wards  shall 
hold  office  until  the  Tuesday  following  the  second  Thursday 
in  October,  1925,  and  until  their  successors  are  elected  and 
qualified. 

No  person  shall  be  eligible  to  the  office  of  councilmen  who  Eligibility 
is  not  a  citizen  of  the  State  of  Tennessee  and  who  has  not  equirements 
been  a  resident  of  the  City  of  Nashville  for  at  least  three 
years  immediately  preceding  his  election,  or  who,  if  he  re- 
sides in  annexed  territory  has  not  resided  in  said  territory 
for  at  least  three  years  immediately  preceding  his  election. 
No  person  shall  be  elected  to  the  office  of  the  councilmen  who 
has  not  attained  the  age  of  twenty-five  (25t  years  at  the  time 
of  his  election,  and  who  has  not  been  a  resident  of  his  ward 
for  at  least  six  (6  >  months  immediately  preceding  his  election. 
Provided  that  the  first  councilmen  elected  under  this  Act 
shall  have  resided  within  the  territory  embraced  within  the 
ward  from  which  he  is  elected  as  said  ward  is  described  in 
this  Act  for  a  period  of  six  months.  Each  Councilman, 
before  entering  upon  the  duties  of  his  office,  shall  take  and 
subscribe  to  the  following  oath;  "I  do  solemnly  swear  that  I  q  .^  , 
will  support  the  Constitution  and  laws  of  the  United  States  office, 
and  of  the  State  of  Tennessee,  and  the  laws  and  ordinances 
of  the  City  of  Nashville,  and  that  I  will  faithfully  and  im- 
partially discharge  the  duties  of  Councilman  without  fear  or 
favor,  and  solely  for  the  public  welfare,  so  help  me  God." 

If  any  councilman  should  remove  from  his  ward,  resign  or,. 

.  .V  acancv . 

die,  his  office  of  Councilman  shall  become  vacant;  and  in 
case  of  any  vacancy  however  occuring,  a  special  election 
shall  be  held  to  fill  such  vacancv  within  thirtv  (30  •  davs  there-  ^,     .  , 

r  1  ■  ,      ,1  '  •  ■  ■  .Special 

alter,   unless  it   shall   occur   within   three   (3i    months  next    Election, 
preceding  the  primary  election  held  under  Section  12  of  this 
Act.  in  which  event  the  vacancy  shall  be  filled  at  such  elec- 
tion; and  all  persons  elected  to  fill  a  vacancy  shall  hold  their 
office  only  for  the  unexpired  term. 


14 


CHARTER 


"ofaty"""  Sec.  4.     Be  it  further  enacted,  That  the  city  council  shall 

Council  determine   its   own   rules   of   procedure,    and   prescribe   the 

punishment  of  its  members  for  non-attendance,  disorderly 
conduct,  and  for  the  enforcement  of  the  same.  The  City 
Council  shall  elect  from  its  members  a  President  and  a  Vice- 
President,  the  President  to  preside  over  meetings  of  the 
Council,  and  the  Vice-President  to  preside  in  his  absence. 

It  shall  require  a  majority  of  the  members  of  the  Council 
to  form  a  quorum  for  the  transaction  of  business,  but  a  small- 
er number  may  adjourn  from  day  to  day,  and  may  compel 
the  attendance  of  absent  members  by  arrest  or  fine. 

All  meetings  of  the  council  shall  be  held  in  the  council 
chamber,  in  tJae  City  Hall,  at  Nashville,  Tennessee,  and  shall 
be  open  to  the  public.  It  shall  hold  its  regular  meetings  on 
the  first  and  third  Tuesdays  in  each  calendar  month,  at  such 
hour  as  may  be  determined  by  the  Council. 

It  can  set  the  time  of  impeachment  trials  and  adjourn- 
ments. 

It  shall  have  the  power  to  provide  for  adjourned  meetings 
of  the  Council,  and  to  fix  the  date  and  hour  to  which  such 
adjournment  is  made.  It  can  transact  any  business  at  an 
adjourned  meeting  that  it  is  authorized  to  do  at  a  regular 
meeting.  The  Mayor  may  call  a  meeting  of  the  Council  in 
in  writing,  fixing  the  date  and  hour  thereof;  however,  such 
meeting  must  be  at  least  twenty-four  hours  from  the  date 
of  the  call. 

Notice  mailed  to  the  last  known  address  of  each  member 
of  the  Council  or  delivered  to  him  is  sufficient  and  valid. 
However,  if  all  of  the  members  of  the  Council  in  the  city  are 
actually  notified,  either  verbally  or  in  writing,  then  a  called 
meeting  mav  be  had  at  anv  time  such  Council  can  be  assem- 
bled. 

Provided,  that  not  less  than  two-thirds  of  the  members 
of  such  Council  shall  be  present  at  such  meeting.  The 
purpose  of  all  called  meetings  shall  be  specified  in  the  call, 
and  shall  be  recorded  on  the  minutes  of  the  Council. 

No  other  business  shall  be  transacted  at  such  called  meet- 
ings than  that  which  is  specified  in  the  call.  Each  Council- 
man shall  receive  as  compensation  for  his  services  the  sum 
of  Twenty  Dollars,  ($20.00)  a  month.  Any  Councilman  who 
fails  to  attend  any  meeting  shall  forfeit  one-third  of  his 
monthly  compensation,  and  any  Councilman  failing  to  attend 
two  consecutive  meetings  shall  forfeit  a  month's  compensa- 
tion. Unless  such  failure  to  attend  is  due  to  illness  or  some 
other  unavoidable  cause. 

Sec.  5.     Be  it  further  enacted,  That  the  City  Council  shall 
powers  of    ^   j^g^^.^  quasi-judicial  powers,  and  may  sit  as  a  Court  of  im- 
peachment to  investigate  charges  against  its  own  members, 
against  the  Mavor  and  all  members  of  Boards  authorized 


Officers. 


Quonitii. 


Meetings. 


Regular. 


Adjourned. 


Calleci. 


Notice. 


Compensation. 


Penalty  for 
non — atten- 
dance. 


Quasi— Judicial 
■rs  of 
City  Counci 


CITY  OF  NASHVILLE  '15 

under  this  Act  or  any  other  city  official  except  those  under 
Civil  Service.     It  shall  have  power  to  expel  or  suspend  such 
officials    after    due    trial.      It  .  shall    have    the    power    to  Tnai. 
designate  the  time  of  holding  such  trial,  and  may  adjourn 
from  day  to  day  until  the  trial  is  completed.     No  such  trial 
shall  be  commenced  until  the  official  or  employee  against  written  notice 
wliom  charges  are  preferred  shall  have  received  a  written    "f  charges, 
notice  stating  the  general  nature  and  character  of  the  charges 
made.     Said  accused  official  or  employee  shall  have  at  least 
five  days  from  the  receipt  of  said  notice  in  which  to  prepare 
his  defense.     The  City  Council  shall  have  power  to  issue 
subpoenas  compelling  the  attendance  of  witnesses  and  the  subpoenas, 
production  of  any  books,  papers  or  other  documentary  evi- 
dence; to  punish  by  contempt  proceedings  any  person  fail- 
ing or  reftising  to   obey  said     subpoena,   or  to   give   their 
testimony,  or  to  produce  the  papers  required.    The  said  sub- 
poena shall  be  signed  by  the  President  of  the  City  Council 
and  attested  by  the  City  Clerk. 

It  may  be  served  by  any  police  officer  of  the  City. 

The  City  Council  shall  have  power  to  fine  and  imprison 
any  person  guilty  of  contempt  committed  in  its  presenc;,  contempt, 
or  which  tends  to  obstruct  its  investigation.     Such  person 
adjudged  guilty  of  contempt  shall  not  be  fined  more  than  Penalty, 
fifty  dollars  nor  confined  in  the  city  Police  Prison  for  longer 
than  ten  days  for  any  one  contempt. 

The  City  Council  shall  have  power  to  punish  such  delin-  Punishment 
quent  officials  or  agents,  when  /pund  guilty  of  the  charges 
preferred  against  them,  by  expulsion  or  suspension  from 
office  upon  a  vote  of  a  majority  of  the  whole  number  of 
Councilmen.  The  finding  of  the  City  Council  in  such  cases 
shall  be  final  on  all  questions  of  f^ct,  however,  its  action  may  (^•prtiorari 
be  reviewed  upon  writ  of  certiorari  or  certiorari  and  super- 
sedeas issuing  from  any  of  the  Circuit  Courts  of  Davidson 
County.  No  such  writs  shall  be  authorized  or  allowed  after 
one  full  term  of  the  said  Circuit  Courts  has  elapsed  since  the 
judgment  of  the  Council  in  such  case.  No  official  or  employee 
of  the  city  who  is  convicted  by  the  City  Council  shall  receive 
any  salary  or  compensation  for  the  time  that  he  is  out  of  his 
office  or  away  from  his  employment  by  reason  of  such  judg- 
ment. 

No  member  of  the  Council  who  is  on  trial  shall  sit  with  the 
Council  during  such  trial.  In  case  the  President  of  the 
Council  is  on  trial,  the  Vice-President  shall  preside.  Any 
defendant  on  trial  in  an  impeachment  proceeding  shall  have 
the  right  of  witnesses  and  counsel. 

Proof  may  be  taken  by  deposition. 

The  Mayor  may,  after  one  year  from  his  appointment,  be  Mayor 
removed   by  the   City   Council   without   charges   and   trial,     hoil""^*^ 

Sec.  6.  Be  it  further  enacted,  That  no  bill  shall  become  an 
ordinance  without  having  first  been  passed  on  three  several 


16 


CHARTER 


PaKsagc  of 


Aincndin»'iitv. 


SiRiicd  by 
President. 


Ayes  and  Noes 
Recorded. 


Enacting 
Clause. 


Take  effect 
when. 


Officers 

appointed  by 
Mayor. 


Mayor  and 
City  Auditor 
elected. 


Powers  of 
City  Council 
by  Ordinance 


meetings,  had  at  a  regular  adjourned,  or  called  meeting, 
but  in  no  event  shall  more  than  one  reading  be  had  on  one 
day.  Any  bill  may  be  rejected  on  its  first,  second  or  third 
reading.  Before  any  bill  may  become  an  ordinance,  it  shall 
receive  a  majority  of  the  votes  of  the  whole  numt)er  of  the 
members  of  the  City  Council  on  each  of  three  (3)  readings. 
Any  bill  on  introduction  may  pass  first  reading  on  the  day 
on  which  it  is  introduced. 

No  amendment  shall  be  made  after  the  second  reading, 
except  the  annual  budget  fixing  the  maximum  amount  to 
be  expended  for  the  ordinary  expense  of  the  city  for  the  en- 
suing year,  which  may  be  amended  on  third  reading;  every 
bill  shall  be  introduced  in  duplicate,  one  copy  of  which  shall 
be  retained  by  the  Clerk  of  the  Council  at  all  times. 

All  amendments  to  bills  shall  be  presented  in  writing,  and 
copies  thereof  shall  be  attached  to  both  the  original  and 
duplicate  bills  before  the  final  passage  of  said  bill,  and  when 
adopted  shall  be  signed  by  the  President  of  the  City  Council . 
All  bills  shall  be  read  in  full  to  the  City  Council  at  each  read- 
ing of  the  same.  That  upon  the  final  passage  of  all  bills  the 
vote  shall  be  taken  by  "ayes"  and  "noes,"  the  names  of  the 
Councilmen  voting  for  and  against  the  same  shall  be  entered 
upon  the  minutes.  Any  bill  that  shall  become  an  ordinance 
shall  be  promptly  enrolled  in  the  law-book  of  the  city.  No 
bill  for  the  granting  or  renewal  of  any  franchise  or  for  the 
issuance  of  any  bonds,  where  a  ratification  thereof  is  required 
by  a  vote  of  the  electors  of  the  City,  shall  be  passed  and 
approved  except  as  hereafter  provided. 

That  all  bills  shall  contain  the  following  enacting  clause: 
'Be  it  enacted  by  the  City  Council  of  Nashville,"  and  they, 
shall  be  in  effect  from  and  after  thirty  days  from  the  date  of 
their  passage,  unless  they  are  made  by  their  terms  to  take 
effect  sooner. 

Sec.  7.  Be  it  further  enacted,  That  there  shall  be  appointed 
by  the  Mayor,  but  subject  to  confirmation  bv  the  City 
Council;  the  City  Clerk,  the  City  Tax  Assessor,  the  City 
Comptroller,  the  Judge  of  the  City  Court,  the  Clerk  of  the 
City  Court,  the  City  Attorney,  the  Superintendent  of  Water- 
works, the  Superintendent  of  City  Electric  Plant,  City 
Engineer,  City  Health  Oflicer,  Chief  of  Police,  Chief  of  Fire 
Department,  The  Members  of  the  Board  of  Education,  the 
Members  of  the  Board  of  Hospital  Commissioners,  and  the 
Members  of  the  Board  of  City  Tax  Eqtialization  and  of  the 
Humane  Commission." 

The  City  Council  shall  itself  elect  the  Mayor  and  City 
Auditor. 

Sec  8.  Be  it  further  enacted,  That  the  City  Council  of 
the  City  of  Nashville  shall  have  power,  by  ordinance,  within 
the  limits  of  this  Act : 


CITY  OF  NASHVILLE  17 

(1)  To  levy  and  collect  taxes  upon  all  property,   real,  ^^y^,!^"^  ^^^^ 
personal  and  mixed,  for  corporation  purposes,  that  is  taxable 

by  law  for  State  purposes,  and  fix  the  times  and  method  of 
such  levy  and  collection. 

(2)  To  levy  and  collect  taxes  upon  all   privileges  ^nd^'^^^^^Keand 
occupations  that  now  are  or  may  be  hereafter  taxable  by    taxes, 
law  for  State  purposes,  and  to  license  and  regulate  such 
occupations. 

(3)  To  issue  bonds  to  provide  funds  to  replace  any  public  Bonds  to 
buildings,  work  or  structure  of  necessity  that  has  been  ren-    bmidung''s"  '"^ 
dered  unsuitable  for  use  by  fire,   storm,   explosion,  earth- 
quake,  rupture,   or  other  sudden  cause,   when   the  public 

safety,  health  or  convenience  demands  it,  without  submitting 
the  question  of  the  issuance  of  such  bonds  for  ratification  to 
the  voters  of  the  city,  not  in  excess  of  $200,000.00. 

(4)  To  provide  the  manner  of  assessing  for  taxation,  all    sui'cTand" 
the  stock  and  capital  of  merchants,  employed  in  business,  '^{JJerchants 
other  than  realty  and  to  prescribe  the  periods  of  time  to  be 
considered  in  computing  and  determining  the  taxable  value 
thereof. 

(5)  To  license,  tax  and  regulate  all  means  of  conveyance ;  Tax  and 
such   as  automobiles,   carriages,   buggies,    carts,   cabs,   om-    meanlt^of 
nibuses,  taxicabs,  wagons,  drays  and  trucks;  to  fix  the  rates    conveyance, 
that  may  be  charged  for  carrying  passengers  and  hauling 
property  in  any  of  such  vehicles  within  the  city;  to  designate 

routes  for  same,  and  to  provide  for  the  giving  of  liability 
insurance  to  secure  the  city  or  any  person  for  injuries  to 
their  person  or  property. 

(6)  To  provide  for  the  payment  of  the  debts  and  expenses  '^mLney"''^ 
of  the  city;  to  appropriate  money,  to  provide  for  the  debts 

of  the  municipal  corporation  of  which  it  is  the  successor; 
and  to  issue  bonds  and  notes  as  provided  by  law  and  within  ^*^"*^  Bond.s. 
the  limitations  of  this  Act.    To  provide  in  the  annual  budget  Chmties 
not  more  than  $2,500.00  for  the  use  of  the  Charities  Com-    fund.""^*'"" 
mission  of  Davidson  County  for  the  relief  of  the  needy  poor  compensation 
of  the  city  and  to  fix  the  compensation  of  the  Mayor.  of  Mayor. 

(7)  To  open,  alter,  narrow,  abolish,  widen,  extend,  open.  Alter, 
establish,  grade,  pave,  or  otherwise  improve,  clean,  keep  in  streets,  etc. 
in  repair  and  maintain  streets,  alleys,  sidewalks,  avenues, 

or  squares,  or  to  have  the  same  done;  and  to  erect,  establish,  Erect, etc. 
maintain,    and    keep    in    repair    bridges,    culverts,    sewers,    sJnwfetc. 
tunnels,  curbs,  and  gutters,  and  to  erect  all  buildings  nee-    -'"^  R''iidings. 
essary  for  corporation  purposes  of  the  city. 

(8J     To  take  and  appropriate  land,  either  within  or  with-  ^condemna- 
out  the  city,  for  establishing,  extending  or  widening  streets,    *'°"- 
avenues,  viaducts,  tunnels,  squares,  alleys,  promenades,  or  objects  and 
parks;  or  for  sewers,   conduits,   light  and   heating  plants,    '"'''^^°'^- 
markets,  engine  houses,  station  houses,  work-houses,  pest- 
houses,   school-houses,   city-halls,    detention    hospitals,    hos- 
pitals, disinfecting  or  disposal  plants  for  garbage  and  night- 


18 


CHARTER 


Health 
regulations. 

Quarantine 
radius  10 
miles. 


Hospitals,  etc. 


Nuisances 
radius  1 
mile. 


Weeds. 


Closing  of 
wells  and 
springs. 


Regulate  and 
suppress 
shows  etc. 


Punish 
disorderly 
persons,  etc. 
radius  1  mile. 


Fire 
prevention. 


Fire- 


Explosives 
Combustibles 
etc. 


Building 
Material. 


soil,  incineration  plants,  dumps,  wharfs,  water-works,  pur- 
poses, pumping^  stations,  settling  basins,  reservoirs,  and 
rights  of  wav  for  water-mains,  and  in  accordance  with  the 
provisions  of'Section  1981,  1982,  1983  and  1984  of  Shannon's 
Annotated  Code  of  Tennessee,  and  the  damages  for  such 
taking  shall  be  estimated  for  such  property  thus  taken  by  the 
method  provided  by  Section  1857  of  said  Annotated  Code. 

(9)  To  make  rules  and  regulations  to  secure  the  general 
health  of  the  inhabitants ;  to  prevent  the  spread  or  introduc- 
tion of  contagious,  communicable  or  veneral  diseases  in  the 
city;  to  make  quarantine  rules  for  such  purposes  and  enforce 
the  same  within  ten  miles  of  the  city  limits;  to  establish 
hospitals,  dispensaries,  pest-houses  or  detention  houses, 
either  within  or  without  the  city,  and  to  make  regulations 
for  the  government  thereof;  to  declare  what  constitutes 
nuisances,  and  to  provide  for  the  abatement  of  the  same  as 
far  as  one  mile  beyond  the  corporate  limits;  to  declare  that 
weeds  shall  become  a  nuisance,  and  provide  for  the  abatement 
thereof,  either  by  the  city  or  the  owners  of  the  property  on 
which  the  same  may  be  growing,  and  to  secure  the  city  by  a 
lien  upon  such  property  for  the  expense  of  the  abatement 
thereof;  and  to  provide  for  the  temporary  or  permanent 
closing  of  wells  and  springs  used  by  the  public  whenever 
the  same  are  injurious  to  health. 

(10)  To  regulate  or  prohibit  or  suppress  theatrical  or 
other  exhibitions,  moving  picture  shows  or  amusements, 
gambling  houses,  disorderly  houses,  bawdy  houses,  obscene 
pictures  and  literature,  junk  dealers,  pawnshops,  the  sale, 
manufacture  or  transportation  of  intoxicating  liquors  and 
to  confiscate  and  destroy  gambling  equipment,  stills,  and 
intoxicating  liquors. 

(11)  To  provide  for  the  arrest,  imprisonment  and  punish- 
ment of  all  riotous  and  disorderly  person  or  persons  who  cause 
breaches  of  the  peace,  noise,  disturbance  or  disorderly 
assemblages,  seditious  utterances,  or  conduct,  within  the 
City   and   one   mile   beyond   the   corporate   limits   thereof. 

(12)  To  regulate,  restrain,  prevent  or  suppress  any 
business  which  may  be  or  become  dangerous  in  causing  or 
producing  fires;  to  regulate,  prohibit  and  suppress  the  sale 
of  fire-arms  and  the  carrying  of  concealed  weapons;  to  regu- 
late, prohibit  and  suppress  the  use  and  sale  of  fire -crackers, 
fire-works,  and  toy  pistols,  or  any  other  business  of  any 
character  which  may  be  declared  to  be  dangerous  to  the 
security   and   well    being   of   the    inhabitants   or   property. 

(13)  To  regulate  or  prohibit  the  storage  of  explosives, 
combustibles  and  inflammable  material  of  every  character, 
and  the  use  of  lights,  candles,  lamps,  heating  or  firing  appara- 
tus or  fires  in  any  building,  shop,  stable  or  market. 

(14)  To  provide  for  the  inspection  and  measurement  of 
all  building  material. 


CITY  OF  NASHVILLE  19 

(15)  To    provide    for    the   inspection    and    weighing    or^''^^^^^°^-^^^r^ 
measuring  of  coal,  wood  and  all  other  fuel,  hay,  corn  or  grain. 

(16)  To  provide  for  and  regulate  the  inspection  and  inspection,  etc. 
weighing  of  beef,  pork,  flour,  meal,  milk,  butter,  dairies,  ofp™^''^'""^ 
dairy  cows,  lard,  and  all  other  provision;  to  regulate,  pro-^ 

hibit,   restrain   and   punish   the   forestalling   and   regrading 

of  all  food  products  used  for  human  consumption:  and  to    p^" "^^'' ■'^*'' 

establish,   regulate   and   provide   rules   for  the   government  ^v^igi^tg  an^j 

of  markets;  and  to  establish  standard  weights  and  measures    Measures. 

to  be  used  in  the  city,  and  to  appoint  a  sealer  of  weights  and 

measures,  who  shall  have  exclusive  jurisdiction  within  the 

city. 

(17)  To  regulate,  tax,  license,  prohibit  or  suppress  the  stock- 
keeping  of  hogs,  within  the  limits  of  the  city,  and  the  going    '■*^g"'at'"n5 
at  large  of  all  animals,  including  domestic  fowls,  within  the 

city;  to  impound  the  same,  and  to  make  rules  and  regula- 
tions for  the  redemption  or  sale  or  disposal  or  killing  the  same 
on  failure  of  redemption  thereof. 

(18)  To    erect,    repair,    improve    and    preserve    public  wharves, 
wharves,  docks  and  landings;  to  fix  the  rate  of  wharfage,  and    ^°^^^-^^'^ 
to  regulate  the  anchorage  or  moving  of  vessels  or  rafts  within 

the  city. 

(19)  To  provide  for  enclosing,  improving  and  regulating 

the  city  cemeterv,  the  citv  parks  and  all  public  grounds,  Public 

y  ,        - .  .    ,      -      ^.    ,   .  .   ,       ^       .  ^  Grounds. 

belonging  to  the  city,  either  within  or  without  the  corporate 
limits. 

(20)  To  regulate  the  erection  of  buildings,  bill  boards,  ^^.^^.^^ 
and  all  other  structures,  to  compel  the  owners  to  provide 
fire-escapes  for  the  safety  of  occupants,  and  to  provide  fire 
districts  or  zones ;  to  prohibit,  regulate  or  suppress  or  provide 

f|br  the  destruction  and  removal  of  any  house,  cistern,  well 
or  structure  which  may  be  or  become  dangerous  or  detri- 
mental to  the  inhabitants,  after  due  notice,  and  to  provide 
for  a  penalty  upon  failure  of  the  owner,  occupant  or  agent 
to  comply  with  the  requirements  provided. 

(21)  To  grant  rights  of  way  through  the  streets,  avenues,  „.  , 
squares,  and  over  the  bridges  and  viaducts  of  the  city,  for    to  Public 
the  use  of  public  or  quasi-public  utilities;  but  subject  to  the    ^*'^"^"^* 
terms,  provisions  and  limitations  of  the  referendum  provision 

of  this  Act. 

(22)  To  provide  the  city  with  water;  to  provide  for  the 
regulation  and  construction  of  water-works,  settling  basins,  Waterworks 
pumping  stations,  water  pipes  and  mains  and  rights  of  way 

for  same,  reservoirs,  and  all     appurtenances,  either  within 

or  without  the  corporate  limits  of  the  citv;  to  provide  for •■^**^^'"*'"'* f"'' 

r  •  •  ,"  ».  .    .  water. 

assessments  for  water,  ot  water  service,  and  hens  or  penalties 
for  refusal  or  failure  to  pay  for  same. 

(23)  To  provide  for  the  prevention  and  extinguishment  ^.^ 

of  fires,   the  organization  and  establishment  of  fire   com-     Department, 
panics,  equipment  and  houses  or  stations  for  same. 


20 


CHARTER 


Terms  of 
Imprison- 
ment. 


Construction  of 
Sidewalks, 
Curbs  and 
gutters. 


Lien  for 
expenses. 


Public  Parks. 


Electric  Light 
works  or 
gas  plant. 


Police  Force. 


School  System. 


Humane 
Commission. 


Fines,  etc.  for 
breach  of  any 
ordinance. 


Limit  on  fines 
and  imprison- 
ment. 


General 
Welfare. 


(24)  To  establish,  erect  and  organize  a  workhouse  within 
or  without  the  city,  wherein  any  person  who  shall  fail  or 
neglect  to  pay  any  fine  or  cost  imposed  upon  him  under  any 
citv  ordinance  shall  be  committed  and  confined  until  such 
fine  and  costs  shall  be  fully  paid  or  until  a  pardon  has  been 
granted  or  fine  remitted. 

However,  no  terms  of  imprisonment  in  said  workhouse 
shall  be  for  a  longer  period  than  three  months  for  the  same 
offense. 

(25)  To  provide  for  the  construction  or  repair  of  side- 
walks, curbs,  and  gutters,  and  for  the  assessment  of  the  lien 
against  any  lot  in  front  of  or  along  side  of  which  they  may 
have  been  constructed  or  repaired,  and  for  the  enforcement 
of  such  lien  and  collection. 

Where  the  city  constructs  or  repairs  such  a  sidewalk,  the 
expense  of  such  improvement  shall  be  a  lien  upon  the  lot, 
and  such  lien  may  be  enforced  by  bill  in  equity,  or  the  amount 
may  be  recovered  against  the  owner  by  suit  in  a  court  of 
competent  jurisdiction. 

(26)  To  create,  maintain  and  control  a  system  of  public 
parks,  either  within  the  corporate  limits  or  adjacent  thereto, 
and  to  create  park  boards  and  define  their  powers  and  duties. 

(27)  To  create,  maintain,  build  or  purchase  and  operate 
electric  light  works  or  gas  plant,  for  the  purpose  of  lighting 
public  buildings  or  streets,  parks  or  other  public  places  in 
the  city,  or  municipal  property,  houses  or  hospitals,  or  works 
beyond  the  city,  and  for  the  sale  of  electric  current  or  gas  to 
all  persons  desiring  to  purchase  the  same,  either  for  light, 
heat  or  power,  or  any  purpose  whatever,  either  within  or 
without  the  corporate  limits  of  the  city. 

(28)  To  provide  for  a  metropolitan  police  force  and  the 
appointment  and  maintenance  of  the  same,  and  to  make 
rules  and  regulations  for  the  government  thereof. 

(29)  To  establish  and  maintain  a  system  of  free  kinder- 
garten, grammar  and  high  schools,  and  regulate  the  same; 
but  ,so  as  to  avoid  sectarian  influence. 

(30)  To  regulate  the  treatment  of  dumb  animals  and 
children,  and  to  provide  for  the  punishment  of  cruelty  to 
same,  and  to  create  a  Humane  Commission,  and  define  its 
powers  and  duties. 

(31)  To  provide  for  fines,  forfeitures  and  penalties  for 
the  breach  of  any  ordinance  of  the  city,  and  for  the  enforce- 
ment, recovery,  and  appropriation  of  the  same,  and  to  fix 
terms  of  confinement  in  the  City  Workhouse  for  the  failure 
to  pay  any  fine,  penalty  or  forfeiture  for  the  breach  of  any 
City  ordinance.  No  penalty  shall  be  fixed  to  exceed  fifty 
dollars,  and  no  term  of  imprisonment  shall  be  longer  than 
three  months  for  the  same  offense. 

(32)  And  to  pass  all  ordinances  necessary  for  the  health, 
convenience,  safetv  and  general  welfare  of  the  inhabitants 


CITY  OF  NASHVILLE  21 

of  the  city,  and  to  carry  out  the  full  intent,  corporation 
purposes  and  meaning  of  this  Act,  as  fully  as  if  specifically 
authorized. 

Sec.  9.     Be  it  further  enacted,  That  the  City  Council  shall  ^''^t^I^L^ 
have  power  by  ordinance,  within  the  limits  of  this  Act,  upon    "pon 
the  recommendation  of  the  Mayor,  and  not  otherwise,  and    Nation  of 
without  authority  to  alter  or  amend  such  recommendations:    ^'^^■°'' 

(1  j     To  create  all  necessary  offices  other  than  those  herein  ^^^^^^  ^^ 
provided  for,  and  to  fix  the  bonds  of  the  officers  filling  such    and  fix  bonds, 
offices. 

(2)  To  provide  and  fix  the  salaries  of  all  officers  and  em- 
ployees of  the  City,  except  that  the  Council  shall  not  have  ^'^  ^^'""'^'^ 
the  right  to  change  the  compensation  of  its  own  members 

and  except  that  as  provided  in  sub-section  (6)  of  Section  8, 
the  Council  shall  have  the  exclusive  right  to  originate  and  fix 
the  salary  of  the  Mayor. 

(3)  To  fix  the  maximum  wages  of  common  labor,  and-Mnximum 
also  of  skilled  labor.  "agcb. 

(4)  To  fix  the  number  of  hours  that  constitutes  a  day's  j^^^^^  ;„ 

labor.  Days  Labor. 

Sec.    10.     Be   it  further  enacted,   That  the  City  Council  p^^^rs  by 
shall  have  power,  within  the  limitations  of  this  Act  to  adopt    Resolution, 
resolutions: 

(1)  To  authorize  the  expenditures  specified  under  the 

annual    budget    appropriations    for    public    improvements,  ^o'^"r''5i"oQo  oq 
where  any  such  improvements,  in  the  aggregate,  is  estimated 
shall  cost  in  excess  of  One  Thousand  Dollars,   ($1,000.00). 

(2)  To   authorize   anticipation   revenue   notes   provided  Revenue 
for  in  this  Act.  ^'otes. 

(3)  To  make  public  proclamations,  protests  and  requests 

on  the  Mayor  or  other  officials  of  the  City  for  information  ^  PrJTtSts.'etc. 
pertaining  to  their  respective  duties. 

(4)  To  carry  into  effect  all  the  provisions  of  this  Act  as  General 
required  therein.  WaUare. 

All  such  resolutions  shall,  when  they  become  final,  be 
enrolled  by  the  City  Clerk  in  a  Resolution  Book  to  be  pro- 
vided for  that  purpose. 

Sec.  11.  Be  it  further  enacted,  That  there  shall  be  a  Mayor  .Mayor, 
of  the  City  of  Nashville,  who  shall  be  designated  Mavor, 
and  who  shall  have  the  duties  and  powers  of  a  business 
manager  for  the  City  of  Nashville ;  he  shall  have  supervision 
and  control  of  all  of  the  administrative  affairs  of  the  City ; 
he  shall  be  its  Chief  Executive ;  he  shall  be  at  least  thirtv  (30)  ^ 

r  ..     1       ,  •  r  1   •        V         ■  .   .  ....  Compensation. 

years  of  age  at  the  time  of  his  election ;  his  compensation  shall 
be  fixed  by  the  Council  (with  the  limitations  stated  in  Section 
9,  (2)  of  this  Act),  and  shall  be  payable  at  such  times  as  may 
be  provided  by  proper  municipal  action ;  he  shall  receive  no 
other  compensation  from  the  City;  he  shall  have  and  appoint ^'"'''^'"^^ 


22 


CHARTER 


Oath. 


Bond. 


Absence  or 
Disability. 


Authority  to 
appoint 
Officers,  etc. 


Employment  of 
Labor. 


Didcharge  of 
officers,  etc. 


Access  to 
Records,  etc. 


Recommen- 
dations to 
Council. 


Duties  to 
preserve 
order. 


a  Secretary  to  his  office.  He  shall  take  the  following  oath 
upon  assuming  his  duties:  "I  do  solemnly  swear  that  I  will 
support  the  Constitution  of  the  United  States  and  of  the 
State  of  Tennessee,  and  the  law  thereof;  and  that  I  will  faith- 
fully and  impartially  discharge  the  duties  of  the  office  of 
Mayor,  and  enforce  the  laws  and  ordinances  of  the  City,  with- 
out fear  or  favor,  for  the  public  welfare,  so  help  me  God." 

He  shall  give  a  bond,  with  surety  to  be  approved  by  the 
Council,  in  the  penal  sum  of  Twenty-Five  Thousand 
($25,000.00)  Dollars,  to  secure  the  City  harmless  against  all 
laws  which  may  be  occasioned  by  his  failure,  refusal  or  neg- 
lect to  perform  any  of  the  duties  imposed  upon  him  by  law 
or  ordinance. 

Said  Bond  shall  be  approved  by  the  City  Auditor  and  filed 
with  the  City  Clerk,  and  the  premium  for  it  shall  be  paid  by 
the  city. 

During  the  absence  or  disability  of  the  Mayor,  the  Council 
shall  designate  some  properly  qualified  person  to  perform 
his  duties,  and  in  the  event  of  a  vacancy  in  his  office  the  Coun- 
cil may  likewise  fill  it  temporarily  with  all  promptness  to  elect 
another  Mayor  in  his  place. 

The  Mayor  shall  have  authority  except  as  herein  otherwise 
provided,  to  employ  and  appoint  the  officers,  agents,  and 
members  of  boards  of  the  city  that  shall  be  found  by  him  to 
be  necessary  to  efficiently  and  economically  administer  the 
affairs  of  the  city.  He  shall  have  the  power  to  provide  for 
the  employment  of  all  skilled  and  common  labor  required  in 
the  performance  of  the  duties  incumbent  upon  him ;  he  shall 
have  general  supervision  of  all  the  departments  and  boards 
of  the  city;  he  shall  see  that  they  are  economically,  honestly 
and  lawfully  conducted;  he  shall  have  power  to  make  tem- 
porary appointments  in  case  of  sickness  or  absence  or  dis- 
ability or  suspension  of  any  officer  or  employee  of  the  city; 
he  shall  have  authority  to  discharge  any  officer,  member  of 
a  Board,  or  other  employee  of  the  city  excepting  the  City 
Auditor,  and  those  who  have  a  definite  term  of  office,  or  who 
are  under  Civil  Service,  or  whose  discharge  is  otherwise  pro- 
vided for  in  this  Act;  he  shall  have  access  to  all  of  the  books 
and  records  of  every  department,  office  and  employee  of  the 
city;  and  require  their  proper  and  safe  keeping.  He  shall 
have  authority  to  consult  with  the  President  of  the  City 
Council,  or  any  member  thereof,  and  to  present  in  writing 
or  verbally  to  the  City  Council  his  recommendations  of  the 
needs  of  the  city. 

He  shall  take  all  proper  measures  for  the  preservation  of 
public  order,  the  suppression  of  riots  and  tumults,  for  which 
he  may  command  the  police,  or  he  may  call  upon  the  Gov- 
ernor for  military  aid;  he  shall  see  that  all  agreements  by 
and  with  the  city  are  faithfully  performed,  and  that  proper 
action  or  litigation  is  taken  to  enforce  them.     He  shall  have 


CITY  OF  NASHVILLE  23 

authority  to  call  special  meetings  of  the  City  Council  to  con-  Authority  to 
sider  any  matter  pertaining  to  the  city's  welfare,  which  he    caii  special 

.  .  meetings  of 

deems  it  proper  to  present  to  the  City  Council  for  its  con-    and  make 
sideration,  and  from  time  to  time,  to  make  recommendations    dadl^rto 
to    the  City  Council   which  in  his  judgment  will  tend  to    t:ity  Council, 
improvement   of    the    city's    finances,    convenience,    safety, 
health,  and  general  welfare. 

He  shall  have  the  power  and  exercise  the  functions  of  apowerof 
Justice  of  the  Peace  within  the  City  limits;  the  public  parks,    {ig^^cr^^ 
and  upon  the  city's  property  beyond  the  City  limits.     He 
shall  also  have  the  power  within  one  mile  without  the  City    radlusTmiie. 
limits,  in  case  of  riot,  tumult  or  public  disorder,  to  police  and 
suppress  the  same,  and  make  arrests  in  the  suppression  of 
crime  and  disorder. 

He  shall  have  the  power,  by  himself  or  agent,  to  bid  in  Bid  in 
property  sold  for  city  taxes  or  assessments.  property. 

He  shall  devote  his  entire  time  to  the  duties  of  his  office  Entire  time  to 
and  shall  not  engage  actively  in  any  other  business.  office. 

He  shall  have  the  exclusive  power  and  control  over  the  con-  Exclusive 
struction,  supervision,  cleaning,  repairing,  grading  and  im-    controlo'ver 
proving  of  all  streets,  alleys,  avenues,  lanes,  viaducts,  con- 
duits, tunnels,  public  wharves  and  landings,  market-houses 
and  spaces,  bridges,  sewers,  drains,  ditches,  culverts,  canals,' 
streams,   and   water   courses,    sidewalks,   gutters,    curbings, 
fire  department,  metropolitan  police,  the  lighting  of  public 
places,  other  than  parks,  to  fix  and  establish  the  grades  of 
all  streets,  alleys,  avenues  and  thoroughfares,  and  to  deter- 
mine and  prescribe  the  grades  and  location  of  the  tracks  of 
Street  Railways  and  Steam  Railways,  gas  mains,  conduits 
and  service  pipes  in,  upon  or  under  the  .streets,  avenues, 
alleys,  highways,  and  bridges. 

He  shall  have  the  power,  supervision  and  control  over  tne  „ 
construction,   repairing,   cleaning,   heating  and   lighting  of     Pubiic^^" 
all    public    buildings    and    improvements,    except    public    ^'"'^■"*^^- 
schools,   hospitals,   parks,   libraries  and   Humane  Commis- 
sion property. 

He  shall  have  exclusive  power  to  make  all  expenditures  Power  to  make 
within  the  budget  within  the  limitation  of  this  Act,  except    Expenditures 
those  relating  to  public  schools,  parks,  hospitals.  Humane    iM.di". 
Commission  and  public  libraries. 

He  shall  have  exclusive  power  to  supervise  and  control  '^'?v'''u'i?' 
the  operation  of  the  waterworks  and  workhouse;  however,    and 
rates  for  water  or  other  municipally  owned  public  utilities  Ratesnied^by 
shall  be  fixed  by  ordinance.  Ordinance. 

He  shall  determine  the  width,  location  and  material  and  charge  of 
construction  of  sidewalks,  gutters,  and  curbs,  and  shall  have    ^'"t)"<=  ^v°'''^s. 
charge  of  all  other  public  works  and  improvements  and  the 
administration  of  the  City's  business  and  affairs,  as  provided 
in  this  Act. 


24 


CHARTER 


Supervision  and 
Control  over 
Departments. 


Estimates  of 
Cost  of 
Works. 


Contracts  for 
City 

e.Necutcd-- 
hovv. 


Budget 

prepared  by 
Mayor. 


Budget 
Published. 


Budget  Adopted 
by  Ordinance. 


Diversion  of 
Tax  Levy. 


Term  of  OfTice. 


Removal  within 
twelve 
months. 


He  shall  have  supervision  and  control  over  the  police  and 
fire  departments,  engineering  department,  waterworks  de- 
partment, lighting  department,  street,  sewer  and  sidewalk 
department,  and  the  city's  finances,  under  the  provisions  of 
this  Act. 

He  shall  have  made  a  careful  estimate  of  the  cost  of  all 
works  and  improvements  before  the  making  of  any  contract 
therefor.  All  contracts  shall  be  executed  and  made  as  pro- 
vided in  this  Act. 

All  contracts  for  the  City  of  Nashville  shall  be  executed 
by  the  City  of  Nashville,  signed  by  the  Mayor,  with  the 
seal  of  the  City  attached  thereto,  and  attested  by  the  City 
Clerk,  where  the  expenditure  exceeds  the  sum  of  Five  Hundred 
Dollars,  and  where  the  contract  is  less  than  Five  Hundred 
Dollars,  he  may  have  the  same  reduced  to  writing  and  signed 
and  attested  by  the  City  Clerk  and  with  the  seal  of  the  City 
affixed  thereto. 

He  shall  prepare,  not  later  than  the  first  of  December  of 
each  year,  an  itemized  estimate  of  the  amount  of  money 
necessary  and  advisable  in  his  opinion  to  spend  in  the  ex- 
ecution of  the  duties  entrusted  to  him  for  the  ensuing  year, 
giving  in  detail  the  plans  of  construction,  repairs  and  es- 
timates of  expenditures  and  salaries  proposed,  with  the 
estimated  cost,  specifying  for  what  department  required, 
or  work  contemplated,  together  with  his  estimate  of  ex- 
penditures and  salaries  for  the  subordinate  Boards  of  the 
city  for  the  ensuing  year.  He  shall  publish  daily  for  at  least 
one  week  in  some  daily  newspaper  published  in  said  city  the 
the  proposed  budget  for  the  ensuing  year,  and  it  shall  not 
become  a  law  until  such  publication  has  been  made.  After 
such  publication  the  City  Council  shall,  by  ordinance,  adopt 
the  budget  and  appropriate  to  each  department  such  sum  as 
it  may  deem  advisable  for  the  conduct  and  maintenance 
thereof.  No  salary  shall  be  set  up  or  fixed  in  the  budget 
ordinance. 

He  shall  not  divert  any  tax  levy  from  the  purposes  for 
which  it  was  levied. 

No  other  officer  or  agent  or  employe  of  the  City  of  Nashville 
shall,  except  as  herein  otherw  ise  provided,  have  power  to 
create  liability  against  the  city  for  the  funds,  the  expendi- 
ture of  which  is  entrusted  to  the  Mayor. 

The  Mayor  shall  be  appointed  for  an  indefinite  period,  and 
shall  serve  at  the  will  of  the  Council,  provided,  however,  that 
he  may  not  be  removed  within  twelve  months  from  the  date 
on  which  he  assumed  his  duties,  except  for  incompetence, 
malfeasance,  misfeasance  or  neglect  of  duty.  In  case  of  his 
removal  within  said  period,  he  may  demand  written  charges 
and  a  public  hearing  thereon  before  the  Council  prior  to  the 
date  on  which  his  final  removal  shall  take  effect;  but  the  de- 
cision and  action  of  the  Council  on  such  hearing  shall  be  final, 


CITY  OF  NASHVILLE  25 

and  pending  such  hearing  the  Council  may  suspend  him  from 
duty.  During  the  absence  or  disabihty  of  the  Mayor,  the 
Council  shall  designate  some  properly  qualified  person  to 
perform  his  duties. 

Sec.  12.     Be  it  further  enacted,  That  the  candidates  to  be  Candidates 
voted  for  at  the  general  municipal  election  shall  be  nominated    in  Primary, 
by  a  general  Primary  Election  to  be  held  on  the  Second 
Thursday    in  September    preceding  the  general  municipal 
election,  which  shall  be  held  on  the  Fourth  Thursday  in 
September. 

Provided,  however,  that  the  first  primary  election  to  be^'^^/fT^^J 
held  under  this  Act  shall  be  held  on  Thursday,  March  31,    Section. 
1921,  and  the  first  General  Municipal  election  to  be  held 
under  this  Act   shall  be    held  on  Thursday,  April  14,  1921;  Elections 
and  that  thereafter  a  primary  election  shall  be  held  bi-ennially    b'^ennfu" 
on   the   Second   Thursday   in   September   and   the   general 
municipal  election  on  the  fourth  Thursday  in  September, 
beginning  with  the  year,  1923. 

The  Judges  and  officers  of  election  appointed  for  the  gen-  primarv 
eral  municipal  election  shall  be  the  Judges  and  officers  of  the  Riectlons. 
Primary  Election,  and  the  polls  shall  be  open  at  the  same 
places  and  during  the  same  hours  that  are  provided  for  the 
general  municipal  election.  All  persons,  who  are  legally 
qualified  to  vote  at  the  general  municipal  election,  shall  be 
qualified  to  vote  at  such  Primary  Elections. 

Any    person    desiring    to    become    a  candidate    for    theQ'"*''-"'"t'p!»s 

■'  .1111  1  1  ir  1-r^-  of  candidates 

City  Council  shall,   at  least  ten  days  before  the   Primary    forCity 
Election,  file  with  the  Commissioners  of  Election  of  David- "  ^"°''""'- 
son  County,  a  written  request  averring  that  he  is  qualified 
to  which,  shall  be  attached  in  addition,  a  petition  signed  by 
at  least  twenty-five  voters,  who  shall  be  tax-payers  and  res- 
idents of  the  Ward  in  which  he  proposes  to  become  a  can- 
idate,   and  said  petition  shall  aver  that  the   candidate  is 
qualified  to  perform  the  duties  of  the  office  which  he  seeks. 
The  names  of  such  applicants,  and  no  others,  shall  be  placed  "^  ("pnerai"^* '""^ 
on  the  ballot.     The  two  candidates  for  any  particular  office    hiection. 
that  receive  the  highest  number  of  votes  shall  be  the  can- 
didates and  the  only  candidates  for  that  office  at  the  suc- 
ceeding general  municipal  election.     But,  if  in  such  Primary 
Election,  any  candidate  for  that  office  shall  receive  a  major- 
ity of  all  the  votes  cast  in  such  Primary  for  that  office,  he 
shall  be  the  sole  candidate  for  such  office  in  the  succeeding 
general  election,  and  no  other  name  shall  appear  on  the  ^"Registrattons. 
ballot  as  a  candidate  for  the  office.     Such  Primary  Elect- 
ions herein  provided  for  shall   be  deemed  elections  within 
the  provisions  of  the  Election  Eaws  requiring  supplemental 
registration,  and  there  shall  be  such  supplemental  registra- 
tion before  each  Primary  Election — and  again  before  each 
regular  election. 


26 


CHARTER 


City 
Elections. 


Qualified 
Voters  in 


Additional 


required. 


^EicrtlonLaws  ^^^-  ^^-  ^''  '^  furlltcT  cnactcil,  That  except  as  herein 
Apply  to  otherwise  provided  the  general  election  laws  of  the  State 
shall  be  applicable  to  and  control  all  city  elections,  general, 
special  and  Primary,  that  may  be  held  in  accordance  with 
the  provisions  of  this  Act.  Every  person  who  is  otherwise 
a  qualified  voter  under  the  Federal  and  State  Constitutions 
and  the  General  Election  Laws  of  the  State  shall,  as  a  condi- 
tion precedent  to  the  exercise  of  the  right  of  voting,  furnish 
to  the  Judges  of  Election,  satisfactory  evidence  that  such 
person  has  paid  the  poll  tax,  if  any  assessed  against  him  for 
the  year  next  preceeding  such  election,  not  later  than  thirty 
(30)  days  prior  to  the  day  of  said  election,  without  which 
the  vote  shall  not  be  received,  provided,  however,  that  the 
said  poll  tax  requirement  shall  not  apply  to  persons,  either 
male  or  female,  who  are  fifty  years  old  and  over  are  deaf, 
dumb,  blind,  or  incapable  of  labor  and  earning  a  livelihood, 
and  have  been  exempted  from  poll  tax  as  provided  in  Section 
687  of  Shannon's  Annotated  Code  of  Tennessee,  of  1917;  and 
provided,  further,  that  no  person  shall  be  qualified  to  vote 
for  city  Councilman  who  shall  not  have  been  a  bona-fide 
Quaiifications  rcsidcut  of  such  city  for  at  least  six  months  immediately  pre- 
ceding the  day  of  such  election,  but  a  resident  citizen  of 
Davidson  County  and  a  qualified  voter  thereof,  who  has  been 
a  bona-fide  owner  of  real  estate  located  within  the  corporate 
limits  of  said  city  for  twelve  months  or  more  prior  to  the  date 
of  the  election,  may  register  and  vote  in  any  one  of  the  Wards 
of  said  city  w^here  said  property  may  be  located,  in  any  City 
Election,  general  or  special  or  primary,  held  under  the  pro- 
visions of  this  Charter.  Such  voters  shall  have  the  additional 
qualification,  to  vote  for  any  Councilman,  of  having  resided 
in  the  Ward  for  six  months,  or  owned  property  in  the  Ward 
as  above  provided. 

When  two  or  more  persons  shall  have  an  equal  number  of 
votes  for  office  of  Councilman,  in  any  municipal  election, 
the  election  shall  be  referred  back  to  the  voters  of  the  City 
and  Ward,  respectively,  and  another  general  election  shall 
be  held  in  accordance  with  the  terms  and  provisions  of  the 
general  election  laws  of  the  State  of  Tennessee  within  thirty 
days. 

Provided,  however,  that  as  regards  the  requirement  of 
registration  for  the  purpose  of  the  first  election  under  this 
Act,  all  residents  of  the  new  ward  fhall  be  entitled  to  vote 
in  said  election  and  who  (a)  shall  either  have  registered  within 
the  bounds  of  such  new  wards  after  the  passage  of  this  Act 
and  before  said  election,  or  who  (b)  at  the  time  of  the  passage 
of  this  Act  were  registered  in  their  old  wards  and  who  shall 
not  have  changed  their  residence  before  said  election. 

"To  provide  procedure  for  the  recall  of  any  Councilman, 
and  to  elect  his  successor." 


Tie  Vote  in 
General 
Election. 


Registration 
for  First 
Election. 


Recall  of 
Councilmen 


CITY  OF  NASHVILLE  27 

"Any  Councilman  elected  under  the  terms  and  provisions 
of  this  Act  may  be  removed  from  such  office  by  the  qualified 
voters  of  the  city,  in  the  following  manner,  to  wit: 

"A  petition  signed  by  qualified  registered  voters  entitled  ^'^*'"°" 
to  vote  for  a  successor  to  the  incumbent  sought  to  be  removed 
equal  in  number  to  at  least  twenty-five  per  cent  of  the  entire 
entire  vote  for  the  office  of  Councilman  cast  in  that  ward  at 
the  last  preceding  general  city  election,  demanding  the  elect- 
ion of  a  successor  of  the  person  sought  to  be  removed  shall  be 
filed  with  the  Chairman  of  the  County  Board  of  Election 
Commissioners,  and  this  petition  shall  contain  a  statement 
of  the  grounds  on  which  the  removal  is  sought;  and  shall  be 
sworn  to  by  at  least  ten  (10)  of  the  signers  of  such  petition. 
Each  of  the  signers  of  such  petition  shall  [give]  his  name,  place 
of  residence,  giving  the  street  and  house  number.  When  the  ^■'J'^  ^^'*'L      , 

••11  1    •        1      ii   1  1         1  r     1  •  County  Board 

petition  has  been  prepared  it  shall  be  the  duty  of  the  parties  of  Election 
preparing  the  same  to  file  it  and  deposit  in  money  with  the  ^on^."^ 
Chairman  of  the  County  Board  of  Election  Commissioners, 
the  sum  of  One  Hundred  Dollars,  ($100.00)  out  of  which 
all  the  expenses  for  the  examination  of  the  petition  and  of 
the  petitioners  and  such  other  work  as  is  necessary  in  ascer- 
taining and  determining  whether  the  petition  has  been  filed 
by  persons  who  arc  entitled  to  do  so,  and  if  there  is  any  balance 
left  after  the  payment  of  such  expenses  out  of  said  sum,  it 
shall  be  returned  to  the  parties  making  such  deposit.  The 
County  Board  of  Election  Commissioners  shall  immedi- 
ately examine  the  petition  and  ascertain  from  the  registration 
and  poll  tax  books  of  the  County  whether  or  not  the  petition 
has  been  signed  by  the  requisite  number  of  legally  qualified 
voters  as  provided  in  this  Act. 

Said  petition  shall  remain  on  file  at  the  office  of  the  Chair- Examination  ot 
man  of  said  Board,  and  any  citizen  may  procure  a  copy    ^'^^'^'°"- 
thereof  upon  paying  the  expense  necessary  for  preparing  the 
same;  and  within  thirty  days  from  the  date  of  filing  such 
petition  any  citizen  of  the  ward  may  appear  before  the  Board 
of  Election  Commissioners  and  show  by  competent  evidence 
that  the  names  of  the  parties  signing  the  petition  should  be 
stricken  therefrom,  on  the  ground  that  they  are  not  duly 
qualified  and  registered  voters  of  said  city.     After  the  lapse 
of  thirty  days  from  the  filing  of  said  petition,  the  said  Board 
shall  attach  to  said  petition  their  certificate  showing  the 
result  of  the  examination.     In  the  event  the  petition  shall  be  °ho^,d°n 
deemed  sufficient  by  the  Board,  it  shall  be  its  duty  to  i\\  a    Recall 
date  for  holding  said  recall  election,  not  less  than  thirty  days    ''-'•^'^*'°"- 
nor  more  than  ninety  days  from  the/date  of  the  certificate  of 
said  Board.     If  by  the  certificate  of  the  Board  the  petition  is 
shown  to  be  insufficient,  it  may  be  amended  within  ten  days'  Pc"ition." 
from  the  date  of  said  certificate  and  the  County  Board  of 
Election   Commissioners   shall   within    ten   days  after   such 
amendment  make  like  examination  of  the  amended  petition; 


28 


CHARTER 


Election  on 
Recall 
Petition. 


Term  of 
Successor. 


Incumbent's 
name  on 
ballot. 


No  Petition  to 
Recall  within 
Six  months. 


Twelve  months 


City  Auditor 
elected  by 
Council. 

Qualifications. 


and  if  the  certificate  of  the  Board  shall  show  the  same  to  be 
insulTicient  it  shall  be  returned  to  the  person  filinj^  the  same 
without  prejudice  to  the  filing  of  a  new  petition  to  the  same 
effect;  provided,  however,  that  no  new  petition  may  be  filed 
within  ninety  days  thereafter. 

In  the  event  a  sufficient  petition  is  filed  as  herein  provided 
for,  the  said  County  Board  of  Election  Commissioners  shall 
give  notice  and  make  all  arrangements  for  holding  such 
election,  and  the  same  shall  be  conducted,  returned  and  the 
result  thereof  declared  as  provided  by  law  in  the  case  of  a 
general  City  Election.  The  provisions  of  the  general  City 
Election  Laws  applicable  to  the  holding  of  a  general  City 
Election  in  said  city  shall  in  all  things  be  applicable  to  the 
holding  of  a  recall  election  as  provided  herein. 

The  successor  of  any  Councilman  removed  from  ofhce 
shall  hold  office  during  the  unexpired  term  of  his  predecessor, 
and  any  person  sought  to  be  removed  may  be  a  candidate  to 
succeed  himself;  and  unless  he,  in  writing  otherwise  requests, 
it  shall  be  the  duty  of  the  official  holding  the  election  to  place 
the  name  of  such  incumbent  on  the  official  ballot  without 
nomination. 

In  any  such  recall  election  the  candidate  receiving  the 
highest  number  of  votes  for  that  office  shall  be  declared 
elected;  and  if  at  such  election  some  other  person  than  the 
incumbent  receives  the  highest  number  of  votes,  the  incum- 
bent thereupon  shall  be  deemed  to  be  removed  from  the 
office  upon  the  qualification  of  his  successor.  In  case  the 
party  who  receives  the  highest  number  of  votes  should  fail  to 
qualify  within  ten  days  after  receiving  notification  of  election, 
the  office  shall  be  deemed  vacant,  but  if  the  incumbent 
receives  the  highest  number  of  votes  in  such  election,  he  shall 
continue  in  office. 

This  method  of  removal  shall  be  cumulative  and  additional 
to  the  methods  that  are  now  or  may  hereafter  be  prescribed 
both  in  this  Act  and  by  the  General  Laws  of  the  State. 

No  Councilman  shall  have  any  petition  filed  against  him 
within  a  period  of  six  months  from  the  date  when  he  is 
inducted  into  office,  and  if  the  provisions  of  this  Act  are 
invoked  against  any  Councilman  and  the  majority  of  the 
voters  in  the  recall  election  voting  on  said  question  shall 
vote  to  retain  said  Councilman  in  office,  such  Councilman 
shall  not  again  be  subject  to  removal  under  the  provisions 
of  this  Act  until  the  expiration  of  twelve  months  from  the 
date  of  the  aforesaid  recall  election. 

Sec.  14.  Be  it  further  enacted,  That  the  City  Auditor 
shall  be  elected  by  the  Council,  and  shall  hold  office  during 
its  will  and  pleasure.  He  shall  be  at  least  thirty  years  of  age, 
and  an  accountant  of  experience  in  public  accountancy,  and 
shall  reside  in  the  City  of  Nashville.     He  shall  give  a  bond 


CITY  OF  NASHVILLE  29 

•to  the  city  in  the  sum  of  Ten  Thousand  Dollars  for  the^°"''- 
faithful  performance  of  his  duties,  with  surety  to  be  approved  ^ 

1,5^  .,         ,^,  .  .  1      11  "i         /-         1    1  Compensation 

by  the  Council.  This  compensation  shall  be  nxed  by  or-  and  duties, 
dinance,  as  provided  by  this  Act,  and  his  duties  shall  be  to 
audit  the  books  of  the  various  officers;  agents  and  depart- 
ments of  the  city  and  make  periodical  reports  thereof  to  the 
Mayor  and  Council,  as  and  when  required  by  them,  and  to 
make  special  reports  when  requested.  He  shall  attend  to 
the  duties  of  his  office  daily,  and  shall  perform  such  other 
duties  as  may  be  required  by  ordinance  or  resolution  of  the 
Council. 

Sec.  15.     Be  it  further  enacted,  That  the  City  Clerk  shall  cityOerk^,^^^ 
be  over  twenty-five  years  (25)  of  age,  and  a  resident  of  the  City 
of  Nashville.     He  shall  be  required  to  give  a  bond  of  Ten  g^n^ 
Thousand    ($10,000.00)    Dollars   to   the '^  City   of  Nashville, 
with  surety  to  be  approved  by  the  Council  to  faithfully 
perform  his  duties  and  to  keep  all  records  and  books  safely. 
His  duties  shall  be  to  act  as  Clerk  of  the  City  Council,  and  Duties. 
Clerk  of  the  City,  and  to  keep  the  minutes  and  Law  Journals 
of  the  City  Council,  all  of  the  City's  Fidelity  Bonds,  Public 
Documents  and  Archives,   Fire  Insurance  Polices,  and  such 
other  papers  incident  to   the  administration   of  the  City's 
affairs. 

The  City  Clerk  shall  be  the  Clerk  of  the  Board  of  Civil 
Service  and  Pensions  and  perform  the  duties  required  by  him 
by  said  Board.  He  shall  also  be  the  Clerk  of  the  Board  of 
City  Tax  Equalization,  and  shall  keep  its  minutes  and  per- 
form the  duties  required  of  him  by  said  Board. 

He  shall  not  be  required  to  keep  the  deeds,  insurance 
policies,  records  and  minutes  of  the  Board  of  Park  Commis- 
sioners. Such  papers  shall  be  kept  by  the  Secretary  of  the 
Board  of  Park  Commissioners. 

The  City  Clerk  shall  be  required  to  perform  such  other 
duties  as  he  may  be  directed  to  do  by  ordinance  of  the  City 
Council,  or  by  resolution  of  the  Board  of  Public  Works, 
and  by  the  Mayor. 

The  compensation  of  the  City  Clerk   shall   be  fixed  by  Compinsatioii 
ordinance,  as  provided  in  this  Act. 

SiC.  16.  lie  it  further  enacted.  That  there  shall  be  andB«irdof 
is  hereby  created  a  Board  which  shall  be  designated  as  P"'^"'^^^'"''^''- 
the  Board  of  Public  Works.  It  shall  be  composed  of  four 
members,  who  shall  be  the  City  Kngineer,  the  Superintendent 
of  the  Waterworks  Department,  the  vSuperintendent  of 
the  Electric  Lighting  Plant  of  the  City,  and  the  City  Health 
Officer;  provided,  that  the  members  of  the  first  Board 
created  under  this  Act  shall  be  as  hereinafter  pro\ided 
under  Section  (6i)- 

The  Mayor  shall  be  Chairman  of  this  Board;  however,  M.iyor is 
without  a  vote,  except  in  case  of  a  tie.     The  dutit*  of  said    *"  '^"■'"^n. 


30 


CHARTFvK 


Powers  of 
Board. 


Resolutions 
Approved  by 
Mayor. 

Orders  not — 
withstanding 
by  Mayor. 


Power  to 
Authorize 
Improve- 
ments XJnder 
Sec.  42. 


Minute  and 
Resolution 
Books. 


Other  duties 
of  Members. 


Compensation. 

Comptroller. 
Qualifications 

Bond. 
Salary. 


Board  shall  he  to  meet  with  the  Mayor,  in  session  or  other- 
wise,  to  consider  all  matters  pertaining  to  the  City's  adminis- 
tration and  welfare.     Said  Board  shall  elect  a  Vice-chairman. 

It  shall  have  the  power  to  originate,  by  resolution,  the 
expenditure  of  all  the  revenues  which  are  appropriated  in 
the  city  budget  and  for  the  purposes  which  the  Mayor  has 
the  authority  to  expend  such  revenues  under  this  Act.  It 
shall  consider  any  resolution  offered  by  the  Mayor.  After 
any  resolution  shall  have  been  adopted,  it  shall  be  first 
approved  by  the  Mayor  before  it  shall  become  of  effect.  In 
case  said  Board  rejects  any  resolution,  the  Mayor,  notwith- 
standing such  action  by  the  Board,  may,  in  writing,  with 
his  reasons  therein  stated,  order  said  improvem.ent  or  ex- 
penditure made,  except  this  provision  does  not  apply  to 
improvements  authorized  by  Section  (42)  of  this  Act. 

The  Mayor  shall  approve  or  disapprove,  or  "order  not- 
withstanding" within  live  days  after  the  action  of  the  Board. 

The  Board  of  Public  Works  shall  have  power,  by  reso- 
lution, to  authorize  the  improvement  of  streets,  avenues, 
alleys,  squares,  and  public  highways,  under  Section  (42) 
of  this  Act,  as  provided  therein,  such  resolutions  may  be 
approved  or  disapproved  by  the  Mayor,  and  such  action 
b}^  the  Board  and  the  Mayor  is  final.  In  case  the  improve- 
ment is  ordered,  there  shall  be  no  review  of  the  facts,  or  of 
the  necessity  for  making  said  improvement,  except  for 
actual  fraud. 

Said  Board  shall  keep  a  minute  book  wherein  i  s  Acts 
shall  be  kept.     It  shall  also  keep  a  resolution  book,  in  which 
all  resolutions  and  all  "orders  of  the  Mayor  notwithstanding' 
shall  be  promptly  enrolled,  together  with  the  Mayor's  action 
thereon. 

The  members  of  said  Board  shall  perform  such  other 
ministerial  duties,  or  supervise  such  works  or  improvements 
or  expenditures  to  which  they  may  be  assigned  or  directed 
by  the  Mayor. 

No  additional  compensation  or  other  compensation  than 
their  salaries  shall  be  received  or  paid. 

The  members  of  said  Board  shall  give  their  entire  time 
to  the  city. 

Sec.  17.  Be  it  further  enacted,  That  there  shall  be  a  city 
Comptroller,  who  shall  have  supervision  and  control  over 
all  the  City's  revenues  and  finances.  He  shall  be  over  twenty- 
five  years  of  age,  and  shall  reside  in  the  City  of  Nashville. 
He  shall  give  a  bond  to  the  City  of  Nashville  for  the  faithful 
performance  of  his  duties  in  the  sum  of  Twenty-five  Thousand 
Dollars  ($25,000.00)  with  surety  to  be  approved  by  the 
Council.  His  salary  shall  be  fixed  as  provided  in  this  Act, 
or  as  may  be  prescribed  by  ordinance  or  resolution  of  the 


CITY  OF  XASHVILLE  31 

City  Council,  the  Board  of  Public  Works  or  the  Mayor.  He 
shall  be  subject  to  the  supervision  and  the  direction  of  the 
Mayor,  under  the  limitations  of  this  Act. 

The    City    Comptroller    shall    not    recognize    warrants  vouchers 
authorizing  the  payment  of  money  for  any  expenditure  ex-    ^\7,"r^j..'''^ 
cept  upon  a  voucher  signed  by  the  Mayor,  or  by  such  other 
officer  as  may  be  provided  in  this  Act. 

Sec.   18.     Be    it   further   enacted,    That   there   shall   be   a  City  _^^^^^^ 
City  Treasurer,  who  shall  be  over  twentv-five  vears  of  age, 
who  shall  reside  in  the  City  of  Nashville,  and  who  shall  be  '^Xyor''  ^'' 
appointed  bv  the  Mavor.     He  shall  give  bond  in  the  sum  g^^^j 
of  Seventy-five  Thousand  ($75,000.00)  Dollars,  with  surety  , 
to  be  approved  by  the  Council.     His  salary  shall  be  fixed ''""^-' 
by  the  City  Council  as  provided  in  this  Act.  i^xitxes 

His  duties  shall  be  to  collect,  keep  and  disburse  the 
revenues  and  moneys  of  the  City  of  Nashville  upon  the 
warrants  of  the  Comptroller,  or  such  other  officers  as  may 
be  provided  in  this  Act,  or  by  ordinance.  He  shall  perform 
such  other  duties  as  may  be  required  of  him  by  ordinance 
of  the  City  Council  or  by  the  Mayor,  and  shall  be  subject 
to  the  supervision  and  direction  of  the  Mayor  under  the 
hmitations  of  this  Act.  The  City  Treasurer  shall  keep  and  Depositories 
preserve  such  moneys  in  such  banks  or  Trust  Companies  as  of  cuy  funds, 
may  be  determined  by  ordinance  or  by  the  provisions  of  any 
law  applicable  thereto.  The  aggregate  deposit  of  city  funds 
with  any  one  bank  or  Trust  Company  shall  not,  at  any  one 
time,  exceed  Twenty-five  per  cent  of  the  Capital  surplus, 
and  undivided  profits  of  any  such  institution. 

Sec.  19.     Be  it  further  enacted,  That  the  City  Tax  Asses- Tax  .Assessor, 
sor  shall  be  over  twenty-five  years  of  age,  and  shall  be  well 
acquainted  with  the  property  and  value  of  property  in  the  Q"a''!"'cations 
City  of  Nashville,  and  he  shall  be  a  resident  of  the  City  of 
Nashville. 

He  shall  take  the  following  oath:  ,^  ., 

I  do  solemnly  swear  that  I  will  support  the  Constitution 
of  the  United  States  and  of  the  State  of  Tennessee,  and  the 
laws  thereof,  and  that  I  will  perform  the  duties  of  my  office 
in  the  City  of  Nashville,  within  its  jurisdiction,  without  fear 
or  favor,  so  help  me  God." 

He  shall  assess  all  property,  real,  personal  and  mixed  in  the  ^"'•'"s 
City  of  Nashville,  for  municipal  taxes  as  required  by  law, 
shall  have  and  prepare  field  books  and  other  necessary  books, 
and  keep  such  records  safely  and  shall  transmit  the  tax 
rolls  of  the  City,  immediately  upon  their  completion,  to  the 
Board  of  City  Tax  Equalization. 

He  shall  attend  the  sittings,  either  special  or  regular. 
of  the  Board  of  City  Tax  Equalization.  He  shall  furnish 
said  Board  all  information  requested,  including  any  papers 


32 


CHARTER 


Health  oniccr. 


Qualification-;. 


Rules  and 
regulations 
approved  by 
Mayor. 


Sanitary 
Disinfector 
and  other 
oflficers. 


City  Court. 
City  Judge. 

Term  of  Office. 

Qualifications. 


Oath. 


Compensation. 


Power  and 
Jurisdiction. 


Pardons,  etc. 


and  documents  in  his  care  and  control ;  and  he  shall  perform 
such  other  duties  as  may  be  required  of  him  by  the  City 
Council  or  the  Mayor. 

Sec  20.  Be  it  further  enacted,  That  there  is  hereby 
created  the  office  of  City  Health  Officer.  He  shall  have 
charge  of  the  Health  Department  of  the  City  of  Nashville. 
He  shall  be  a  physician  of  good  reputation  and  shall  have 
had  at  least  ten  years  of  experience  as  a  physician.  He 
shall  devote  his  entire  time  to  the  duties  of  his  office. 

He  shall  make  the  rules  and  regulations  governing  the 
Health  Department  subject  to  the  approval  of  the  Mayor. 
He  shall  reside  in  the  City  of  Nashville.  His  compensation 
shall  be  fixed  by  ordinance  as  provided  in  this  Act. 

There  shall  be  a  Sanitary  Disinfector,  and  such  other 
officers,  inspectors  and  assistants  as  may  be  necessary  for 
the  performance  of  the  duties  incumbent  upon  the  Health 
Department,  who  shall  be  appointed  by  the  Mayor. 

Sec.  21.  Be  it  further  enacted,  That  the  City  Court  of 
Nashville  is  hereby  created  and  that  the  City  Judge  shall 
be  Judge  of  said  Court. 

His  term  of  office  shall  be  four  years  from  the  date  of  his 
election  and  qualification,  and  until  his  successor  is  elected 
and  qualified.  He  shall  be  a  resident  of  the  territory  embrac- 
ed wathin  the  corporate  limits  of  the  City  for  three  years 
next,  immediately  prior  to  his  election,  and  he  shall  not  be 
less  than  thirty  years  of  age  at  the  time  thereof.  He  shall 
have  been  licensed  for  three  years  to  practice  law  in  the 
Courts  of  this  State. 

Before  entering  upon  the  execution  of  the  duties  of  his 
office,  he  shall  take  and  subscribe  the  following  oath : 

"I  do  solemnly  swear  that  I  will  support  the  Constitu- 
tions of  the  United  States  and  the  State  of  Tennessee  and 
the  laws  thereof,  and  that  I  will  faithfully  and  impartially 
perform  the  duties  of  Judge  of  the  City  Court,  without  fear 
or  favor,  so  help  me  God." 

His  compensation  shall  be  fixed  by  ordinance  as  provided 
in  this  Act. 

The  Judge  of  the  City  Court  shall  have  the  power  and  ex- 
ercise the  functions  of,  and  have  concurrent  jurisdiction  with, 
Justices  of  the  Peace,  within  the  corporate  limits  of  the  City, 
over  cases  involving  violations  of  the  State  criminal  laws, 
and  not  otherwise. 

The  Judge  of  the  City  Court  shall  have  the  exclusive  power 
to  issue  warrants  and  impose  their  tines  or  forfeitures  for 
the  breach  of  any  city  ordinance.  All  process  issued  by  him 
shall  be  issued  in  the  name  of  the  State  of  Tennessee,  and 
in  such  cases  involving  the  violation  of  a  city  ordinance,  for 
and  in  behalf  of  the  City  of  Nashville.  He  shall  have  the 
exclusive  power  to  grant  pardons,  releases  and  suspension 


CITY  OF  NASHVILLE  33 

of  judgment  or  sentence  of  persons  convicted  by  him.  HCg^^^p^^^ 
shall  have  power  to  issue  subpoenas  to  compel  the  attendance 
of  witnesses,  and  in  the  event  any  witness  so  subpoenaed 
shall  fail  to  attend,  he  may  compel  his  attendance  by  attach- 
ment, fine  and  imprisonment.  No  fine  therefor  shall  ex- 
ceed fifty  dollars  or  imprisonment  more  than  ten  days.  All 
such  subpoenas  shall  be  attested  by  the  Clerk  of  the  City 
Court,  and  mav  be  served  by  any  police  officer  of  the  City. 

The  Clerk  of  the  City  Court  shall  keep  its  records  and  ^'^^i^^' ^ity 
minutes,  and  perform  such  other  duties  as  mav  be  assigned 
by  the  Council  or  the  Mayor. 

The  Judge  of  the  City  Court  shall  have  power  to  punish  contempt  in 
any  person  for  any  contempt  committed  in  the  presence  of  city  Court, 
the  Court;  but  in  no  such  case  shall  the  punishment  exceed 
a  fine  of  fifty  dollars,  in  default  of  the  payment  of  which  the 
party  guilty  of  such  contempt  may  be  imprisoned  by  the 
Judge  of  the  Court,  until  he  had  worked  out  such  fine,  or 
he  may  imprison  such  person  for  a  period  not  exceeding  ten 
days. 

Appeals  may  be  had  to  any  of  the  Circuit  Courts  of  David-  Appeals 
son  County  from  the  judgment  of  the  City  Court,  if  prayed 
and  granted  within  two  days  from  the  rendition  of  such 
judgment. 

In  the  absence  of  the   Tudge  of  the  Citv  Court,  or  his  .^ 

"  Absence  of 

disability,    or   any   vacancy   existing   in   his   office,    for   any    judge, 
reason  whatsoever,  any  Justice  of  the  Peace  of  said  County 
may  hold  their  Court. 

Sec.  22.     Be  it  further  enacted,  That  there  shall  be  a  City  workhouse. 
Workhou.se,  in  which  persons  may  be  confined  who  fail  or 
refuse  to  pay  the  judgments,  penalties,  fines  or  forfeitures 
imposed  by  the  City  Court. 

There  shall  be  a  keeper  of  the  Workhouse  who  shall  bCj^ 
clothed,  as  such,  with  police  power.     He  shall  have  all  nee-    workhouse, 
essary  assistants. 

He  shall  keep  a  record  of  the  receipt  and  discharfje  of„ 

'  I  .-,  Records. 

prisoners. 

Every  person  committed  to  the  Workhouse  shall  be  re- prisoners 
quired  to  work  for  the  City  at  such  labor  as  his  health  and    shall  work, 
strength  will  permit,  not  exceeding  ten  hours  each  day,  and  lo  hours  per 
for  such  work  and  labor  the  person  so  employed,  shall  be    '^''^ 
allowed,  exclusive  of  his  Board,  credit  upon  such  fine  and  *^''«^^'*  °" '^"^ 
cost,  not  exceeding  One  Dollar  and  a  half  per  day  until  the    "°  '^  *' 
whole  thereof  is  satisfied  and  discharged  at  which  time  he 
shall  then  be  released. 

No  person   shall   be   imprisoned   in    the   Wdrklioiise   aiul 
compelled  to  work  longer  than  three  months  for  any  «nie  *^^in,pri^'„. 

offense.  ment. 

This  shall  not  prohibit  a  longer  period  than  three  months 
for  the  aggregate  of  more  than  one  offense. 


34 


CHARTER 


Law 

Department. 


City  Attorney. 
Appointed. 


Assistants  and 
help. 


Duties. 


Civil  Service 
and  Pensions. 


Members. 


Term  of 
Office. 


Vacancy  filled. 


First  members. 


No 
compensation 


Oath. 


Chairman. 


Sec  23.  Be  it  further  enacted,  That  there  shall  be  a  Law- 
Department  of  the  City  of  Nashville. 

The  head  of  the  Department  shall  be  known  as  the  City 
Attorney. 

He  shall  be  appointed  by  the  Mayor,  subject  to  confirma- 
tion by  the  City  Council,  and  shall  have  been  a  member  of 
the  Bar  of  Tennessee  for  five  years. 

The  City  Attorney  shall  appoint  such  assistants  and  help 
as  may  be  necessary  in  the  conduct  of  his  office  and  as  may 
be  authorized  under  the  provisions  of  this  Act,  or  by  City 
ordinance. 

He  shall  reside  in  the  City  of  Nashville. 

His  duties  shall  be  to  look  after  all  litigation  of  the  City; 
to  prepare  written  opinions  when  requested;  to  prepare  the 
City's  contracts,  ordinances,  resolutions,  and  such  other 
legal  papers  as  may  be  necessary;  and  to  attend  Civil  Service 
or  impeachment  trials  in  order  to  represent  the  City  in  its 
corporate  capacity. 

He  shall  perform  such  other  duties  as  may  be  required  of 
him  by  ordinance  or  resolution  or  as  he  may  be  directed  to 
perform  by  the  Mayor. 

Sec.  24.  Be  it  further  enacted,  That  there  shall  be  a  Board 
of  Civil  Service  and  Pensions,  to  be  composed  of  the  Mayor 
and  of  four  other  members. 

Such  other  members  shall  be  bona-fide  residents  and 
citizens  of  the  City  of  Nashville,  and  their  term  of  office 
shall  be  five  years  from  the  date  that  this  Act  goes  into  effect, 
or  until  their  successors  have  been  elected  and  qualified; 
and,  upon  a  vacancy  by  resignation,  death,  expiration  of 
term  of  office  or  otherwise,  of  any  members  of  said  Board 
other  than  the  Mayor,  his  successor  shall  be  elected  by  the 
remaining  members  of  said  Board,  subject  to  the  approval 
of  the  City  Council  of  said  City. 

"The  first  members  of  said  Board  other  than  the  Mayor 
shall  be  E.  J.  Smith  and  Charles  S.  Martin,  who  shall  hold 
for  a  term  of  five  years,  and  J.  Vaulx  Cowman  and  Joe  B. 
Morgan,  Jr.,  who  shall  hold  for  a  term  of  tw^o  years." 

The  members  of  said  Board  shall  receive  no  compensation. 

They  shall  qualify  as  such  Board  by  severally  taking  and 
subscribing  to  the  following  oath : 

"I  solemnly  swear  that  I  will  support  the  Constitution 
of  the  United  States  and  the  State  of  Tennessee,  the  laws 
thereof,  and  the  ordinances  of  the  City  of  Nashville,  and  that 
I  will  conduct  all  trials  with  fairness  and  dispatch  and  will 
faithfully  perform  my  duties  without  fear  or  favor,  so  help 
me,  God." 

Said  Board  shall  organize  by  electing  a  Chairman  from 
ts  members,  and  it  shall  by  resolution  fix  the  term  of  office 
of  its  Chairman. 


CITY  OF  NASHVILLE  35 

Said  Board  shall  hold  its  sittings  in  the  Council  Chamber  sessions. 
in  the  City  Hall  at  Nashville,  and  shall  fix  the  date  and  hour 
of  its  sessions,  and  regulate  the  procedure  thereof. 

It  shall  conduct  Civil  Service  and  Pension  trials  and  hear-  ^  heariD"gl 
ing,  as  nearly  as  practicable  under  the  rules  of  law  and  as     • 
provided  in  this  Act. 

It  is  the  same  Board  referred  to  in  Section  (54)  hereof. 

It  shall  have  the  right  to  have  a  police  officer  in  attendance 
at  its  sittings,  to  preserve  order  and  to  serve  its  papers  and 
process.  r- -m^   ■ 

Such  ofiicer  shall  receive  no  additional  compensation  for    Rules  etc*!* 
his  work.     It  shall  prescribe  Civil  Service  rules  and  quali- 
fications and  prescribe  for  examination  of  all  members  of  the 
Police  and  Fire  Department  under  its  rules. 

Such  rules  shall  prescribe  certain  physical  fitness  and 
soundness,  before  acceptance  of  any  person  into  the  Police 
and  Fire  Departments,  and  such  examination  shall  include 
a  medical  examination. 

No  person  shall  be  appointed  to  the  Police  or  Fire  Depart-  Age  Limit, 
ment  who  shall  be  over  thirty-five  years  of  age. 

Any  Civil  Service  employee  may  be  discharged  for  neglect  ^c^viTservice 
of  duty,  failure  to  perform  his  duties,    inefficiency,    insub-    employees, 
ordination,  willful  absence  from  duty  for  more  than  fifteen 
days  without  an  express  leave  of  absence  from  his  superior 
officer,  drunkenness  while  either  on  duty  or  off  duty,   for  , 

pernicious  political  activities,  and  for  such  other  conduct  as 
may  be  in  violation  of  the  rules  prescribed  by  the  Board  of 
Civil  Service  and  Pensions. 

All  Civil  Service  employees  shall  be  entitled  to  the  charge 
upon  which  they  are  accused  and  are  to  be  tried,  stating  in  charge, 
general  terms  the  nature  of  the  charge  and  the  approximate 
date. 

Said  notice  must  be  served  at  least  five  days  upon  the  ^ '^^^^''^  "°'^"^^- 
accused  before  the  date  of  the  trial. 

The  accused  shall  be  entitled  to  the  presence  of  his  Counsel,    wi"tnlsses. 
and  to  have  his  witnesses  summoned  and  introduced,  all  s„i3poenas. 
subpoenas  shall  be  signed  by  the  Chairman  of  the  Board  and 
attested  by  the  Clerk,  and  may  be  served  by  a  police  officer 
or  deputy  sheriff. 

'    It  shall  have  the  power  to  punish  by  attachment  for  con-  Contempt. 
tempt  committed  in  its  presence,  or  for  refusal  to  obey  its 
subpoena  or  obstructing  its  proceedings;  and  upon  convic- ^'"'=- 
tion  it  may  fine  such  offender  not  exceeding  Fifty  ($50.00) 
Dollars,  and  in  addition  may  sentence  him  for  ten  (10)  days 
in  the  City  Prison. 

In  case  of  default  in  the  payment  of  his  fine,  the  offender 
may  be  remanded  to  the  City  Workhouse  and  required  to 
work  out  the  fine  the  same  as  in  the  case  of  other  City  Prison-  punishment 
ers.     Said  board  upon  conviction  of  any  person  tried  by  it    upon 
under  the  Civil  Service  regulations,  may  expel  such  person, 


36 


CHARTER 


Pension  Cases. 


Pension  Book. 


Substitute 
Police  and 
Firemen. 


Right  to 
records. 


Board  of  Tax 
Equalization 


Five  members. 
Qualifications. 


Laws 
Governing. 


Meetings. 


Action  Final. 


Certificate  to 
Assessment 
rolls  of  City. 


reduce  him  in  rank,  or  suspend  him  for  such  time  as  the 
Board  may  determine.  The  findings  of  this  Board  on  all 
questions  of  fact,  whether  pertaining  to  Civil  Service  trials, 
Civil  Service  examination,  pensions  or  pension  trials,  shall 
be  final,  and  subject  to  review  only  for  illegality  or  want  of 
jurisdiction. 

The  Board  of  Civil  Service  and  Pensions  shall  have  the 
jurisdiction  to  sit  and  determine  all  cases  for  the  granting 
of  pensions,  relieving  of  pensions,  termination  of  pensions, 
and  the  fixing  of  pensions,  under  the  provisions  of  this  Act. 

It  shall  keep  a  pension  book,  with  the  names  of  all  em- 
ployees pensioned,  enrolled  therein,  and  the  monthly  amount 
paid  to  each. 

No  substitute  member  of  Police  and  Fire  Departments 
shall  come  under  the  provisions  of  this  Act  relating  to  Civil 
Service  or  Pensions,  but  regularly  appointed  members,  shall 
be  subject  to  both  the  Civil  Service  regulations  and  pension 
provisions  of  this  Act. 

Said  Board  shall  have  the  authority  to  request  and  have 
furnished  it  by  all  officers  of  the  City  information  or  records 
pertaining  to  either  matters  of  Civil  Service  or  Pensions. 

Sec  25.  Be  it  further  enacted,  That  a  Board  of  City  Tax 
Equalization  is  hereby  created. 

It  shall  consist  of  five  members,  who  shall  have  been  resi- 
dents for  three  years  of  the  territory  embraced  within  the 
corporate  limits  of  the  City,  and  who  shall  be  at  least  thirty 
years  of  age,   and  experienced  in  the  values  of  property. 

Said  Board  shall  be  governed  by  the  same  laws  and  pro- 
visions as  the  County  Board  of  Equalizers,  so  far  as  the  same 
may  be  applicable  and  shall  have  the  same  power  and  author- 
ity to  raise  or  lower  assessments  of  all  property  so  as  to 
equalize  them. 

It  shall  meet  in  the  Council  Chamber  in  the  City  Hall  at 
Nashville. 

The  times  of  its  sessions  and  sittings  shall  be  fixed  by 
ordinance.  Said  Board  shall  have  the  power  to  prescribe 
its  rules  of  procedure  and  the  hours  of  its  sessions. 

When  the  Board  of  City  Tax  Equalization  shall  have 
determined  the  matters  of  equalization  and  values  before  it 
and  within  its  jurisdiction,  either  on  original  hearing  or  on 
appeal   from   the  Comptroller,   such  action   shall   be   final. 

There  shall  be  no  review  except  for  illegality  or  want  of 
jurisdiction. 

It  shall  append  to  and  endorse  upon  the  assessment  rolls 
of  the  City  a  certificate,  signed  by  each  member  of  said 
Board,  as  follows: 

"We,  the  undersigned  members  of  the  Board  of  City  Tax 
Equalization  of  the  City  of  Nashville,  do  hereby  officially 
certify   that   we   have   equalized,   computed   and   fixed   the 


CITY  OF  NASHVILLE  37 

values  of  all  properties  set  out  in  the  assessment  rolls  of  said 
city,  upon  the  standard  of  actual  cash  value  of  the  same,  by 
raising  the  values  of  all  properties  assessed  at  less  than  the 
actual  cash  value  thereof,  to  the  actual  cash  value  of  the 
same,  or  by  reducing  the  values  of  all  properties  assessed 
at  greater  than  the  actual  cash  value  thereof  to  the  actual 
cash  value  of  the  same,  and  otherwise  faithfully  and  honestly 
obey  the  requirements  of  the  Assessment  Laws  of  the  State, 
and  kept  our  oaths  of  office. 

"Witness  our  hand,  this day  of ." 

Said  assessment  roll  shall  then  be  turned  over  to  the  City 
Comptroller. 

Sec.  26.     Be  it  further  enacted,  That  the  budget  for  the  Budget  Limit 
ordinary  and  extraordinary  expenses  of  the  City  for  any 
one  year  shall  not  exceed  the  amount  of  revenue  actually 
collected  during  the  year  immediately  preceding  the  one  for 
which  said  budget  is  intended. 

The  proceeds  of  the  sale  of  any  bonds  made  in  any  year  proceeds  of 
may  be  added  to  the  budget  for  that  year,  and  included  in  ^ond  sales, 
the  expenditure  to  be  made,  even  though  in  excess  of  the 
amount  of  the  revenue  actually  collected  during  the  preced- 
ing year. 

The  City  Comptroller  shall  transfer  funds  appropriated  in 
said  budget  from  one  department  of  the  City  Government  Budget 
which  is  under  the  control,  management,  and  supervision  ^""'^^■ 
of  the  Mayor,  to  such  other  department  or  departments  as 
are  under  his  supervision  and  control,  upon  the  written  order 
of  the  Mayor,  provided,  however,  that  this  provision  shall 
not  apply  to  the  sinking  or  redemption  funds,  or  funds 
appropriated  by  budget  or  special  tax  levy  to  any  of  the  sub- 
ordinate Boards  of  the  City. 

The  term  "revenue"  actually  collected   shall  be  defined.,., 

■'  Revenue 

and  understood  to  mean  all  original  moneys  collected  from    defined, 
whatever  sources,  whether  from  taxes,  privileges,  contracts, 
sale  of  water,  lights  or  property  by  the  City  which  Jias  been 
bought  in  by  it  for  taxes,  and  all  other  sources  or  original  Monies  not 
revenue,  money  derived  from  the  sale  of  equipment,  stock,    Reven^ue.'" 
or  property  owned  by  the  City  which  had  been  purchased 
by  the  City  out  of  its  revenues,  funds  derived  from  fire  in- 
surance or  other  insurance,  funds  derived  from  recoveries 
of  losses,  moneys  paid  in  for  excavations  or  work  on  streets 
by  any  public  utility  company  or  others  making  excavations 
or  paying  for  private  improvements  made  in  the  streets  or 
highways,    tuition   fees,   hospital   fees,    shall   be   considered 
assets,  and  shall  not  be  computed  when  converted  into  money 
in  estimating  the  limits  of  the  annual  budget. 

Such  money  shall  be  placed  to  the  credit  of  the  proper 
general  ledger  account,  and  may  be  expended  during  the 
current  year. 

448990 


38 


CHARTER 


Expenditures 
over  $500.00 


Over  $1,000 


Interest  in 
Expenditures 
Prohibited. 


Limitation  on 
prohibition. 


Affidavit  as 
to  interest. 


Alterations  in 
Contracts, 
etc. 


Extra  work. 


Such  fund  shall  stand  to  the  credit  of  the  account  of  the 
department  or  subordinate  Board  from  which  it  originated; 
however,  subject  to  be  transferred  as  provided  in  this  Act. 

Sec.  27.  Be  it  further  enacted,  That  where  the  estimated 
expenditure  of  any  public  improvement  or  other  public  pur- 
pose, taken  as  a  whole,  amounts  to  more  than  Five  Hun- 
dred ($500.00)  Dollars,  it  shall  be  the  duty  of  the  Mayor 
to  have  the  same  advertised  and  let  the  matter  or  work  for 
which  the  expenditure  is  desired  to  the  lowest  competent 
and  responsible  bidder,  provided,  that  the  Mayor  may  re- 
ject any  and  all  bids  for  such  public  improvement  or  work, 
and  may  elect  to  have  such  improvement  or  work  done  by 
the  City. 

No  expenditure  in  excess  of  One  Thousand  Dollars 
($1,000.00)  shall  be  made  until  authorized  by  resolution  by 
the  City  Council. 

It  shall  be  unlawful  for  any  member  of  the  City  Council 
or  any  Board  or  officer  or  agent  of  the  City  of  Nashville  whose 
duty  it  is  to  vote  for,  let  out,  overlook  or  in  any  manner  to 
superintend  any  expenditure,  for  any  materials,  supplies 
or  public  improvement,  to  be  directly  or  indirectly  interested 
in  the  same;  nor  shall  any  person  related  within  the  fourth 
degree,  by  blood  or  marriage,  according  to  the  Civil  Law, 
to  such  officer  or  agent,  or  any  member  of  any  such  board, 
be  directly  or  indirectly  interested  therein;  nor  shall  any 
money  be  paid  at  any  time  for  such  prohibited  expenditure. 

This  provision  does  not  prohibit  members  of  any  of  the 
subordinate  Boards  created  by  this  Act  from  selling  material 
or  doing  work  or  making  contracts  with  the  City  of  Nashville 
or  to  or  with  any  other  subordinate  Board,  excepting  the 
Board  of  which  he  is  a  member. 

Before  payment  is  made  upon  any  contract  with  the  City 
of  Nashville,  or  for  any  materials  purchased  therefor,  the 
party  holding  any  such  account  or  contract  shall  declare 
under  oath  that  no  person  prohibited  by  law  is  interested 
in  th.  same. 

Whenever  it  is  proposed  or  intended  to  make  alterations 
or  modifications  in  the  plans  or  specifications  of  any  con- 
tract or  contracts,  that  may  involve  extra  cost,  such  altera- 
tions or  modifications  shall  not  be  made  and  the  city  shall 
not  become  bound  therefor  unless  the  price  to  be  paid  for 
such  extra  work  shall  have  been  agreed  upon  in  advance  of 
doing  the  work,  and  evidenced  by  a  writing  signed  by  the 
Contractors  and  the  Mayor;  and  such  extra  allowance  shall 
not  in  any  case  exceed  the  sum  fixed  by  such  written  agree- 
ment. 

No  recovery  shall  be  had  by  any  Contractor  for  any  extra 
work  done  for  the  city  of  any  department  thereof,  unless 
the  agreement  to  pay  the  same  be  in  writing  as  hereinabove 
provided. 


CITY  OF  XASHVILLE  39 

All  Contracts  made  for  the  city,  when  other  conditions  ^.^^p^'«^ 
are  equal,  shall  be  given  to  the  parties,  concerns  or  manu- 
facturers whose  home  office  is  in  the  said  City  or  in  the 
County  of  Davidson. 

Convict  labor  shall  not  be  employed  by  any  Contractor  c^vict  labor 
on  any  public  work  of  the  City  of  Nashville. 

The  foregoing  regulations  shall  apply  to  the  making  oi^"^°^'^^^f 
public  improvements  or  letting  of  contracts  by  the  subordi-    cuy. 
nate  Boards  of  the  City. 

Sec.    28.     Be    it    further    enacted,    That    no    Councilman,  ^"terest  in 

Contracts 

jMayor,  Official,  subordinate  officer  or  employee  of  the  City    prohibited, 
shall  be  connected  with  or  interested  in,  directly  or  indirectly, 
any  contract  with  the  city ;  nor  shall  any  such  officer  or  Rj^a  Pay, 
employee  receive  any  compensation  other  than  that  herein    tionsand 
expressly  provided ;  nor  shall  extra  pay  be  allowed  or  received    prohibited"^ 
by  any  officer  or  agent  of  the  City  serving  on  a  Committee 
or  any  other  or  additional  capacities  or  agencies  for  the  City ; 
nor  shall  such  officer  or  agent  receive  any  commission  what- 
ever when  appointed  to  such  service  during  his  term  of  office. 
Whenever  the  duties  of  any  officer,  employee,  or  agent 
of  the  City  shall  require  him  to  visit  a  point  beyond  the  ^tnpsTaid*^ 
limits  of  the  County,  his  reasonable  expenses  may  be  paid 
by  the  City,  if  such  payment  is  authorized  by  the  proper 
officer  or  officers. 

Sec.   29.     Be  it  further  enacted,  That  all  property,   real,  Assessment  for 
personal,  and  mixed,  which  is  subject  to  State  taxes,  shall  be    Pro^rty 
assessed  and  listed  for  taxation  in  the  names  of  the  owners 
or  reputed  owners,  alphabetically  for  the  entire  city. 

The  assessment  shall  be  made  under  the  laws  for  which  Laws 
such  property  is  assessed  for  State  and  County  purposes,    c^oveming. 
except  as  otherwise  provided  by  this  Act. 

Said  property  shall  be  assessed  by  a  City  Tax  Assessor,  gy  city  Tax 
appointed  as  provided  by  this  Act,  with  the  same  powers  as    Assessor, 
are  conferred  by  law  upon  County  Tax  Assessors. 

The  City  Council  of  said  City  shall  have  power  to  provide,  correction  of 
by  resolution,  for  the  correction  of  erroneous  assessments,    en-ors. 
but  such  error  shall  not  consist  of  errors  of  judgment  as  to 
value,  except  in  case  of  forced  assessment. 

Only  such  corrections  may  be  made  as  shall  be  referred  Corrections 
to  the  City  Council  by  the  Mayor,  and  no  such  error  shall     Ma^yor.    ^ 
be  granted  or  reduction  made  for  a  period  longer  than  three  xhr 
years  prior  to  the  application.  Limit. 

In  order  to  enforce  collections  of  taxes  on  property  oi  Penalty  for 
privileges  when  due,  the  City  Council  of  the  City  of  Nashville    """-P^y'"^"* 
shall  have  the  power  by  ordinance  to  fix  penalties  to  be  paid 
by  the  delinquent  taxpayer  in  addition  to  the  legal  rate  of 
interest  for  the  non-payment  thereof  when  due. 

Such  penalty  shall  not  be  greater  than  six  per  cent  on  the 
amount  due  and  shall  become  a  part  of  the  tax,  and  be  paid 
into  the  Citv  Treasury  as  other  Citv  Taxes. 


iree  vear 


40 


CHARTER 


Distress 
Warrants. 


Assessment  of 
Omitted 
taxes. 


Appeal. 


Lien  for  Taxes. 


Taxes  collected 
by  suit. 


Bill  in  Equity 
to  Collect 
taxes. 


The  City  Comptroller  shall  have  power  to  issue  distress, 
alias  and  pluries  warrants  in  the  name  of  the  State  of  Tenn- 
essee on  behalf  of  the  City  of  Nashville,  to  enforce  collections 
of  all  taxes  and  privileges  and  assessments. 

Such  warrants  may  be  executed  by  the  sheriff,  deputy 
sheriff,  or  constable  of  the  County  for  each  return  of  nulla 
bona  on  said  warrant  there  shall  be  a  fee  of  twenty-five 
cents  to  be  taxed  in  the  cost,  and  for  each  collection  made 
under  such  warrant  there  shall  be  the  same  fees  as  for  collect- 
ing under  execution  at  law,  which  shall  be  paid  by  the  de- 
linquent tax-payer. 

The  City  Comptroller  shall  have  power  and  authority 
to  assess  all  omitted  taxes  on  property  and  privileges  upon 
a  notice  of  five  days  to  the  owner  or  his  agent. 

If  the  owner  is  dissatisfied  with  said  assessment,  he  shall 
have  the  right  of  appeal  to  the  Board  of  Tax  Equalization 
of  the  city. 

Said  appeal  must  be  taken  within  ten  days  from  the  date 
of  the  assessment  made  by  the  Comptroller. 

The  assessment  by  the  Board  of  Equalization  shall  be 
final  on  all  questions  of  fact,  as  in  other  cases. 

The  lien  for  taxes  on  real  estate  shall  remain  a  lien  until 
the  tax  penalties  and  costs  are  paid,  whether  a  bill  be  filed 
or  other   procedure   taken   for   the   collection   thereof. 

The  City  of  Nashville  shall  have  authority  to  collect  un- 
paid taxes  on  realty,  after  a  return  of  nulla  bona,  by  a  suit 
either  at  law  or  in  equity. 

Any  bill  filed  in  equity,  may  include  as  many  as  twenty- 
five  distinct  pieces  or  tracts  of  land,  the  owners  thereof 
being  made  defendants  to  the  bill  and  such  cause  shall  not 
be  subject  to  objection  for  misjoinder  by  reason  of  such 
several  and  distinct  interests,  or  because  publication  has 
not  been  made  for  delinquency. 

All  parties  necessary  to  enable  the  Court  to  enforce  the 
lien  and  divest  the  title  out  of  the  ow^ner  or  owners  and  in- 
vest the  same  in  the  purchaser  may  be  made  parties  de- 
fendant. 

Should  any  person  interested  pay  the  tax,  interest,  penalty 
and  cost,  after  the  bill  has  been  filed  and  before  the  sale  of 
the  land,  the  City  shall  dismiss  the  suit  as  to  such  person 
and  property  to  that  extent. 

Each  person  shall  pay  his  proportionate  part  of  the  cost. 

The  bills  herein  provided  for  shall  be  in  substance  and  in 
form  the  same  as  other  bills  in  the  Chancery  Court  for  the 
purpose  of  foreclosing  and  enforcing  liens  and  collecting 
taxes,  assessments  and  money  due  under  lien  and  for  divest- 
ing title  and  making  title. 

No  defendant  shall  be  entitled  to  a  copy  of  the  bill  without 
apphnng  to  the  Clerk  of  the  Court  and  paying  for  such  copy. 

It  shall  not  be  necessarv  that  all  defendants  names  be 


CITY  OF  NASHVILLE  4  1 

included  in  the  copy  of  the  subpoenas  to  be  left  with  said 
defendants  or  in  publication  for  any  non-resident  defendants. 

The  cause  shall  be  at  issue  as  to  any  defendant  when  his 
answer  is  filed  or  pro  confesso  has  been  taken.  It  may  be 
proceeded  with  by  or  against  anyone  or  more  of  the  defen- 
dants until  final  judgment  sales  and  confirmation  of  title, 
without  in  anyway  affecting  any  other  defendant  to  the  suit. 

Any  party  to  the  bill  shall  have  the  right  to  appeal  to  the  Right  to 
Supreme  Court  or  Court  of  Civil  Appeals,  or  shall  have  the    -"^pp*"'' 
right  of  writ  of  error,  as  their  rights  in  such  proceedings  may  ■ 
be,  and  such  appeal  shall  not  affect  the  proceedings  as  to 
other  parties. 

Sec.  30.     Be  it  further  enacted,  That  the   City  Council,  Tax  Rate 

^  Limit. 

within  the  provisions  of  this  Act  shall  not  have  power  to 
le\y  in  any  one  year  for  ordinary  corporate  purposes  a  higher 
rate  of  tax  than  one  and  one-tenth  per  cent  of  the  assessed 
value  of  the  taxable  property  within  its  limits :  and  the  word 
"ordinary"  is  to  embrace  all  expenses  for  fire,  police,  streets,  •ordinary" 
gas,  water,  and  all  other  purposes  strictly  municipal,  exclud-  '^'^'^°*^'* 
ing  interest  on  debt  and  tax  for  sinking  fund,  or  a  tax  to  pay 
any  judgment  against  the  City,  or  in  obedience  to  any  manda- 
mus or  expense  for  the  schools,  for  which  an  additional 
levy  may  be  made. 

That  if  at  any  time  it  shall  appear  in  the  Judgment  of  the  Additional  tax 
Mayor  that  the  levy  by  the  City  Council  of  taxes,  for  that 
fiscal  year  is  insufficient  for  properly  conducting  the  affairs 
of  the  City,  consistent  with  the  health,  comfort  and  con- 
venience of  its  inhabitants,  he  shall  report  to  the  City  Council 
such  fact,  furnishing  it  with  an  estimate  of  such  deficiency, 
and  it  shall  be  lawful  for  the  City  Council  in  its  descretion 
to  make  such  additional  levy  upon  the  property  within  the 
City,  real,  personal  and  mixed,  taxable  for  State  purposes, 
but  not  to  exceed  the  limit  provided  by  this  Act. 

Sec.  31.  Be  it  further  enacted,  That  for  the  purpose  of  sinking  Fund, 
providing  means  for  the  liquidation  and  retirement  of  the 
bonded  indebtedness  of  said  city,  a  sinking  fund  is  hereby 
created,  into  which  shall  be  paid,  on  the  first  of  each  month 
after  this  Act  becomes  effective,  ten  per  cent  of  all  taxes 
and  revenues  from  all  sources  whatsoever,  except  from  the 
tax  for  school  purposes,  park  purposes  and  other  special 
levies,  and  from  any  money  derived  from  the  sale  of  any 
bonds   received   by   and   coming   into    the    City   Treasury. 

The  Comptroller,  as  above  provided,  shall  deduct  ten  per 
cent  from  the  aggregate  thereof,  and  deposit  the  same  in  the 
City  Depositories,  to  the  credit  of  "Sinking  Fund"  and  he 
shall  open  and  keep  in  his  books  in  his  office  an  account 
designated  "Sinking  Fund  Account,"  which  shall  show 
accurately  and  specifically  all  payments  made  into  and 
disbursements  made  out  of  said  sinking  fund. 


42 


CHARTER 


Used  to  Retire 
Bonds. 


Transfer  to 
"General 
Fund" 
amount 
prorated  to 
bond 
redemption. 


Purcha.se  of 
Bonds  with 


Call  of  Bonds. 


Publication  of 
Call. 


Interest  stops. 


Cancellation  of 
bonds. 


Payments  on 
written  order 
of 
Comptroller. 


Countersigned 
by  Mayor. 


Investment  of 
Sinking  Fund 


The  money  paid  into  the  sinking  fund  shall  be  used  ex- 
clusively for  the  purchase,  retirement  or  payment  of  any  of 
the  outstanding  bonds  of  the  City. 

The  City  Treasurer  is  authorized  to  transfer  from  said 
sinking  fund  account  to  the  general  fund  of  the  City  an 
amount  equal  to  the  several  sums  prorated  out  of  tax  collec- 
tions and  set  aside  for  the  redemption  of  bonds  for  which 
said  proratas  are  specifically  provided,  and  such  sum  trans- 
ferred as  authorized  herein  shall  be  considered  as  a  current 
revenue  in  determining  the  budget  appropriations  for  the 
ensuing  year. 

At  the  end  of  each  quarter,  the  City  Comptroller  shall  buy 
with  the  accumulation  of  money  in  the  sinking  fund,  and  with 
the  approval  of  the  Mayor,  any  of  the  outstanding  bonds  of 
the  city,  at  the  lowest  prices  at  which  they  are  offered  or 
can  be  obtained,  and  in  the  event  he  shall  be  unable  to  buy 
any  of  said  bonds  at  less  than  par,  as  herein  authorized,  he 
shall  call  as  many  of  said  bonds,  subject  to  call,  as  there  are 
funds  on  hand  to  pay  the  principal  and  accrued  interest 
thereon,  if  he  deems  such  action  for  the  best  interest  of  the 
City,  before  investing  said  funds  in  any  of  the  bonds  of  said 
City  at  more  than  par  and  accumulated  interest. 

The  bonds  which  it  is  intended  for  the  City  Comptroller 
to  repay,  redeem  and  retire  shall  be  designated  by  number 
in  the  call,  and  such  call  shall  be  published  and  advertised 
for  not  less  than  thirty  days  in  one  or  more  of  the  daily 
newspapers  published  in  the  City. 

The  call  shall  designate  the  time  and  place  where  they 
shall  be  delivered  for  payment. 

Interest  on  the  bonds  shall  cease  on  the  day  fixed  in  the  call 
for  their  payment. 

When  they  have  been  paid  and  redeemed,  such  bonds, 
together  with  the  coupons  thereon,  shall  be  canceled  im- 
mediately, and  secured  in  a  well-bound  book  kept  for  the 
purpose. 

All  payments  out  of  the  sinking  fund  shall  be  on  the  written 
order  of  the  City  Comptroller,  wdth  the  object  and  purpose 
of  the  payment  plainly  stated,  and  it  shall  be  directed  to  the 
City  Treasurer. 

Such  order  shall  be  countersigned  by  the  Mayor,  and  it 
shall  be  kept  by  the  City  Treasurer  in  a  well-bound  book. 
The  City  Comptroller,  with  the  approval  by  resolution 
of  the  City  Council,  is  authorized  to  invest  any  of  the  City's 
sinking  fund  in  any  bonds  of  the  United  States,  of  the  State 
of  Tennessee,  or  of  the  City  of  Nashville  heretofore  and 
hereafter  issued  which  are  general  obligations  thereof,  or 
in  its  anticipation  revenue  notes,  no  bonds  of  the  city  shall 
be  purchased  by  any  of  said  sinking  funds  from  the  city 
except  at  the  price  of  par  and  accrued  interest,  and  the  bonds 
and  its  anticipation  revenue  notes  so  purchased  need  not 


CITY  OF  NASHVILLE  43 

be  advertised  for  sale  by  said  city;  all  purchases  of  bonds 
with  sinking  funds,  except  from  said  city,  shall  be  made  only 
after  the  receipt  of  sealed  proposals  for  whose  submission 
a  notice  shall  be  published  at  least  ten  days  before  the  date 
named  therein  for  the  receipt  of  bidb  in  a  newspaper  or 
financial  paper  in  the  City  of  New  York,  or  a  daily  newspaper 
published  in  the  City  of  Nashville,  such  notice  may  call  for 
proposals  of  certain  bonds  or  any  bonds  of  the  city,  but  such 
purchase  may  be  made  without  advertisement  upon  the 
authority  of  the  City  Council  granted  by  resolution.  The 
interest  accruing  upon  any  bonds  or  anticipation  revenue 
notes  purchased  with  any  of  the  sinking  fund  shall  be  collect- 
ed and  become  a  part  of  the  sinking  fund.  Bonds  and  antici- 
pation revenue  notes  purchased  with  the  sinking  fund  shall 
be  securely  and  safely  kept  to  the  account  of  the  sinking 
fund.  The  Comptroller  shall  have  the  power  to  sell  either  g^^j^  ^f  3^^,^^ 
with  or  without  advertisement,  from  time  to  time,  all  or  in  sinking 
any  of  the  bonds  in  said  sinking  fund,  at  the  best  price  ob- 
tainable therefor,  upon  authority  granted  by  resolution  of 
the  City  Council,  and  may  dispose  of  the  same  by  advertise- 
ment for  ten  days. 

The  Comptroller  shall  make  to  the  City  Council  a  detailed  ^comp*troiier 
report  of  the  amounts  paid  into  the  sinking  fund  and  dis- 
bursed out  of  it,  on  the  first  of  January  and  July  of  each  year, 
accompanied  with  certificate  of  the  City  Treasurer,  showing 
the  bonds  or  anticipation  revenue  notes  and  the  numbers 
thereof,  all  the  necessary  expenses  of  the  redemption,  can- Expenses  paid 
cellation  and  preservation  of  said  bonds  and  anticipation    q^^J^^^ 
revenue  notes  shall  be  paid  out  of  the  general  funds  of  the    Fund. 
City. 

Sec.  32.  Be  it  further  enacted,  That  the  City  Council,  Revenue  Notes, 
under  the  limitations  of  this  Act,  shall  have  power  to  issue 
from  time  to  time,  by  resolution,  revenue  notes,  bearing 
interest  at  not  more  than  six  per  cent  per  annum,  and  matur- 
ing within  the  current  fiscal  year  for  the  purpose  of  provid- 
ing funds  in  anticipation  of  revenues  for  ordinary  and  ex- 
traordinary purposes,  and  of  revenues  for  park  purposes, 
and  to  issue  refimding  notes,  with  like  limitations  upon  Refunding  notes 
interest  and  maturing  not  more  than  one  year  from  their 
date,  where  the  latter  shall  be  necessary  to  provide  for  the 
payment  of  any  such  revenue  notes  at  maturity. 

The  aggregate  amount  of  liability  or  indebtedness  which  ^',™biiit  in 
the  city  is  herein  authorized  to  incur  in  anticipation  of  the  anticip.-ition 
collection  of  current  revenues  shall  not  at  any  time  out- 
standing exceed  eighty  per  cent  of  the  amount  of  taxes 
actually  collected  during  the  last  preceding  fiscal  year  from 
the  ad  valorem  tax  levy  for  all  ordinary  and  extraordinary 
purposes  or  park  purposes,  as  the  case  may  be. 

Such  notes  shall  be  sold  by  the  City  Comptroller  with  the  SoW  by  City 
approval  of  the  Mayor,  in  such  manner  and  upon  such  terms      °"p^°  ^^- 


44 


CHARTER 


Proceeds  of 
Revenue 

Notes. 


Notes  Payable 
where. 


Tax  Lev}'  for 
pa}'ment  of 


Resolution 
Authorizini; 
issuance  of 
Notes. 


Temporary 
notes  in 
anticipation 
of  bond  issue. 


Amount  of. 


Issued  and 
Executed  as 
Other  bonds. 


as  they  may  elect,  but  shall  not  be  sold  at  less  than  par,  ex- 
cept by  a  vote  of  two- thirds  of  the  members  of  the  City 
Council  authorizing  such  sale,  and  then  at  a  price  not  less 
than  Ninety- Nine  Dollars  on  the  Hundred  Dollars. 

The  proceeds  of  revenue  notes  shall  be  put  into  the  Treas- 
ury of  the  City,  to  the  credit  of  the  ordinary  fund,  or  park 
fund,  as  the  case  may  be,  and  the  proceeds  of  such  refund- 
ing notes  shall  be  applied  solely  to  the  payment  of  the  revenue 
notes  for  the  retirement  of  which  they  shall  have  been  issued. 

Said  revenue  and  refunding  notes  and  the  interest  thereon , 
5hall  be  paid  at  such  place  or  places,  in  the  City  of  Nashville, 
or  elsewhere,  as  may  be  designated  by  resolution. 

The  City  Council  is  hereby  authorized  to  levy  sufficient 
taxes  upon  all  the  taxable  property  of  the  City,  over  and 
above  all  other  taxes  authorized  by  law,  for  the  payment  of 
such  revenue  and  refunding  notes,  and  the  said  notes  shall 
be  the  absolute,  direct  and  general  obligations  of  the  City  of 
Nashville,  and  no  such  refunding  notes  shall  be  issued  un- 
less in  the  resolution  authorizing  their  issuance  provision  is 
made  for  the  levy  and  collection  of  a  tax  at  the  time  of  the 
next  regular  city  tax  levy,  sufficient  for  the  payment 
of  the  principal  and  interest  thereof,  any  resolution  pro- 
viding for  the  issuance  of  such  notes  shall  be  valid  when 
passed  by  the  City  Council  and  approved  by  the  President 
of  the  City  Council  and  such  resolution  shall  not  be  subject 
to  the  referendum  and  sinking  fund  provisions  of  this  Act. 

Sec.  33.  Be  it  further  enacted,  That  the  City  Council 
shall  have  power  by  ordinance  to  borrow  money  and  issue 
from  time  to  time  temporary  notes  or  bonds  bearing  in- 
terest at  not  more  than  six  per  centum  (6':x)  per  annum, 
and  payable  not  more  than  three  years  from  their  date,  for 
the  purpose  of  temporarily  financing  and  carrying  out  of 
any  purpose  for  which  said  city  has  been  or  shall  hereafter 
be  authorized  to  borrow^  money  and  issue  bonds,  in  antici- 
pation of  the  receipt  of  the  proceeds  of  the  sale  of  the  bonds ; 
provided,  however,  that  said  temporary  notes  or  bonds  shall 
not  be  issued  unless  and  until  the  referendum  and  other 
provisions  of  the  enabling  Act  authorizing  said  bond  issue 
have  been  fully  complied  with  by  the  City  Council,  and  until 
the  validity  and  legality  of  the  proposed  bond  issue  has  been 
approved  by  competent  and  responsible  expert  bond  attor- 
neys. 

The  temporary  notes  or  bonds  hereby  authorized  to  be 
issued  shall  not  exceed  in  amount  the  maximum  authorized 
amount  of  the  bonds  in  anticipation  of  the  revenue  from 
the  sale  of  which,  the  temporary  notes  or  bonds  are  issued. 
Such  temporary  notes  or  bonds  shall  be  issued  and  executed 
as  other  bonds  of  the  City  are  issued  and  executed  or  in 
such  other  manner  as  the  Citv  Council  shall  direct,  and  the 


CITY  OF  NASHVILLE  45 

same  shall  be  submitted  to  and  approved  by  the  City  Attor-  ;^pproved  by 
nev  before  thev  are  issued  and  his  written  approval  endorsed    city 

,  _,       ,  J  11        Attorney. 

on  the  notes  and  bonds.  Such  temporary  notes  or  bonds 
and  the  interest  thereon  shall  be  the  absolute,  direct  and 
general  obligations  of  the  City  of  Nashville,  State  of  Tenn- 
essee.   The  principal  and  interest  of  anv  of  such  temporarv  Payment  of 

,       r    1^1 .  1  /    \    1      r  ^        ■  i         1         Pnnapal  and 

notes  or  bonds  falhng  due,  (a)  before  the  issuance  and  sale  interest, 
of  the  bonds  upon  which  they  are  predicated,  or  (b)  before 
any  temporary  refunding  notes  or  bonds  are  issued  and  sold, 
shall  be  paid  from  the  ordinary  funds  of  said  city,  and  in 
that  event  the  ordinary  funds  of  the  said  city  shall  be  re- 
imbursed from  either  the  proceeds  of  the  sale  of  the  per- 
manent bonds  on  which  such  temporary  loan  is  predicated 
or  from  the  proceeds  of  the  sale  of  the  refunding  temporary 
notes  or  bonds;  provided,  however,  that  the  proceeds  of 
any  special  tax  authorized  under  the  permanent  bond  or- 
dinances which  may  have  been  collected  shall  be  first  applied 
to  the  partial  payment  of  the  principal  of  such  temporary 
loan. 

In  each  year  during  the  life  of  said  temporary  notes  orxaxievyto 
bonds  or  any  renewal  thereof,  the  City  Council  shall  include  pa>- 
in  the  annual  tax  levy,  over  and  above  all  other  taxes  author- 
ized by  law,  a  sum  sufficient  to  meet  the  interest  thereon 
falling  due  in  the  ensuing  year,  and  in  addition  thereto  a 
sum  not  less  than  the  amount  of  the  installment  of  the 
principal  of  the  permanent  bonds  required  by  the  ordinance 
to  be  retired  in  that  year;  and  the  City  Council  may,  within 
their  discretion,  include  in  the  annual  tax  levy,  over  and 
above  all  other  taxes  authorized  by  law,  a  sum  sufficient  to 
re-imburse  the  ordinary  fund  for  appropriations  made  or 
to  be  made  therefrom  for  the  payment  of  any  such  principal 
or  interest. 

In  the  event  that  said  temporary  notes  or  bonds  or  any 
renewal  thereof,  shall  for  any  reason  not  be  paid  from  the 
proceeds  of  the  sale  of  the  bonds  on  which  they  arc  predicat- 
ed, said  City  Council  shall  include  in  the  annual  tax  levy, 
over  and  above  all  other  taxes,  authorized  by  law,  a  sum 
sufficient  to  pay  the  principal  and  interest,  thereof.  Such  '^''ll!^  ^r* 
temporary  notes  or  bonds  shall  be  sold  in  such  manner  and 
upon  such  terms  as  it  may  elect,  but  shall  not  be  sold  for  less 
than  par,  except  by  a  vote  of  at  least  ten  (10)  members  of 
the  City  Council  and  then  at  a  price  of  not  less  than  Ninety- 
Seven  Dollars  on  the  One  Ilimdred  Dollars;  and  that  the  p^eeds. 
proceeds  from  the  sale  of  said  temporary  notes  or  bonds 
shall  be  paid  into  the  Treasury  of  the  City  to  the  credit  of 
the  fund,  to  which  the  proceeds  of  the  sale  of  the  authorized 
bonds  (in  anticipation  of  the  revenue  from  the  sale  of  which 
said  temporary  notes  or  bonds  are  issued)  are  directed  to  be 
deposited. 


46 


CHARTER 


Temporary 
Ri-rundinf; 
Notes. 


Ordinance 
Authorizing 
Issuance. 


Retirement  of 
such  notes. 


Bond 
Ordinances. 


Referendum. 


Question 
submitted. 


With  like  limitations  upon  interest,  amount  and  maturity- 
the  City  Council  shall  have  the  power  to  issue  temporary 
refunding  notes  or  bonds.  Where  the  same  shall  be  necessary 
to  provide  for  the  payment  of  any  such  temporary  notes  or 
bonds  at  their  maturity,  and  that  the  proceeds  of  the  sale 
of  such  temporary  refunding  notes  or  bonds  shall  be  applied 
solely  to  the  payment  of  the  temporary  notes  or  bonds  for 
whose  requirements  they  shall  be  issued;  the  payment  of 
such  temporary  refunding  notes  or  bonds  and  the  interest 
thereon  shall  be  made  at  such  place  or  places  in  Nashville 
or  elsewhere,  as  may  be  designated  by  the  City  Council, 
any  ordinance  providing  for  the  issuance  of  any  such  tem- 
porary notes  or  bonds  shall  be  valid  when  passed  by  the  City 
Council  and  approved  as  other  ordinances,  and  the  provi- 
sions of  Section  34  of  this  Act  shall  not  apply  to  any  such 
temporary  notes  or  bonds.  The  City  Council  may  retire 
such  temporary'  notes  or  bonds,  or  any  part  thereof,  from  the 
proceeds  of  the  special  taxes  levied  and  collected  under  the 
provisions  of  this  section,  in  lieu  of  retiring  such  temporary 
notes  or  bonds  by  means  of  the  sale  of  the  authorized  bonds, 
provided,  however,  the  said  City  Council,  upon  the  actual 
retirement  of  any  of  such  temporary  notes  or  bonds,  by  the 
means  hereinabove  referred  to,  shall  amend  or  repeal  the 
ordinance  authorizing  the  issuance  of  said  bonds  so  as  to 
reduce  the  authorized  amount  of  the  bond  issue  by  the 
amount  of  the  temporary  notes  or  bonds  so  retired.  When- 
ever any  of  such  temporary  notes  or  bonds  are  issued  and 
sold  as  hereinabove  provided,  and  the  authorized  bonds  are 
sold  prior  to  the  payment,  or  retirement  of  such  temporary 
notes  or  bonds;  the  proceeds  of  the  sale  of  said  bonds  shall 
be  first  applied  to  the  retirement  of  the  outstanding  tem- 
porary notes  or  bonds  predicated  upon  the  sale  of  said  bonds. 

Sec.  34.  Be  it  further  enacted,  That  every  ordinance  in- 
volving the  issuance  of  any  bonds  (except  bonds  issued  in 
the  case  of  emergencies  for  renewals  of  destroyed  necessary 
municipal  structures,  or  for  the  purpose  of  funding  out- 
standing bonds,  or  bonds  authorized  under  Section  42,  or 
bonds  or  notes  authorized  under  Section  33,  or  anticipation 
revenue  notes  provided  for  in  this  Act),  must  be  submitted 
to  the  qualified  voters  of  said  City,  at  a  special  election 
called  for  that  purpose,  or  at  the  General  City  Election,  and 
if  the  majority  of  the  qualified  voters  voting  in  such  special 
or  General  City  Election  on  the  matters  embraced  in  this 
Section  vote  in  favor  of  such  ordinance  or  ordinances,  the 
same  shall  become  a  law. 

It  shall  not  be  necessary  to  submit  to  the  voters  any  other 
question  than  the  maximum  amount  and  the  purpose  or 
purposes  of  the  bonds  proposed  to  be  issued.  It  shall  be 
the  duty  of  the  City  Clerk  to  enter  upon  the  minutes  of  the 


CITY  OF  NASHVILLE  47 

City  Council  the  result  and  returns  of  such  referendum 
election  which  shall,  after  the  delivery  of,  and  payment  for, 
any  bonds  voted  upon  at  such  an  election,  be  conclusive 
evidence  of  the  result  of  such  election;  such  bonds  shall  be 
the  absolute,  direct,  and  general  obligation  of  the  City  of 
Nashville. 

Sec.  35.     Be  it  further  enacted,  That  no  bill  or  ordinance  Franchise 
for  the  granting  of  any  franchise  or  extension,  shall  be  put      ^  'nance 
upon  final  passage  within  sixty  days  after   its  introduction 
no  franchise  shall  be  renewed  before  one  year  to  its  expiration . 

Every  ordinance  or  bill  involving  the  granting  by  the  City  Referendum 
of  any  franchise  or  amendment  to  existing  franchise  for  the  ^"•'*''^"o" 
supplying  of  light  or  water  for  the  lease  or  sale  of  any  public 
utility,  for  the  exemption  of  any  quasi-public  corporation 
from  the  duties  imposed  upon  it  by  its  Charter  or  the  law 
of  the  land,  or  involving  the  granting  by  the  City  of  any 
right  of  way  over,  through  or  under  the  streets,  alleys, 
avenues  or  property,  to  any  street  railroad,  telephone, 
telegraph,  gas,  electric  light  and  power,  heating  or  other 
such  company,  must  be  submitted  to  the  qualified  voters 
of  said  City  at  a  special  election  to  be  called  for  that  pur- 
pose, or  at  a  general  City  election,  provided,  however,  that 
the  City  Council  shall  have  power  and  authority  to  authorize 
and  permit  any  ordinance,  telephone,  telegraph,  street  rail- 
way, electric  light  and  power,  gas  or  heating  companies 
which  are  now  in  existence  or  which  may  be  hereafter  created, 
and  which  have  obtained  franchises  in  accordance  with  the 
provisions  of  this  Act,  to  erect  additional  poles,  or  to  extend 
their  lines  in  said  City,  without  an  affirmative  vote  of  the 
qualified  voters  of  the  city.  If  a  majority  of  the  qualified 
voters  in  such  special  or  general  City  elections  voting  on 
the  matters  embraced  in  this  Section  vote  in  favor  of  such 
ordinance  or  ordinances  the  same  shall  become  a  law. 

The  expenses  of  all  such  elections,  whether  held  at  the  F''P<-nsesof 

c  •     ^  1-  r  1-  !•  Referendum 

time  oi  special  or  at  the  time  of  a  general  city  election,  or  Hk-ction. 
the  prorata  part  thereof,  when  held  in  conjunction  with  a 
general  city  election  shall  be  paid  by  the  persons  or  the 
corporation  in  whose  behalf  said  Franchise  question  and 
election  shall  have  been  called  for  the  purpose  of  voting  on 
such  ordinance  or  ordinances. 

Sec.  36.     Be  it  further  enacted,  That  the  Citv,   through  Kxpcnscs  of 
its  Comptroller  is  hereby  authorized  to  pay  all  of  the  expenses    ^°"''  '"'"^"''^ 
incident  to  and  growing  out  of  the  issuance,  sale  and    collec- 
tion of  any  bond  issue  from  the  proceeds  derived  from  the 
sale  of  such  bond  issues,  and  to  pay  into  any  special  re- 
demption or  sinking  fund  providing  for  anv  such  issue  anv  „  , 

•u     1  1  r    .-  Ill-  .-  ,         '  ,    •  ,-  .    .    ;    Balance  ol 

balance  or  surplus  oi  lunds  left  alter  the  object  for  which    bond  funds, 
the  issue  was  made  has  been  fully  paid  for,  and  shall  be 


48 


CHARTER 


Budget  may 
include 
unexpended 
revenue  from 
previous  year 


Creating 
liability  in 
excess  ol 
budget. 


Diverting 
Funds. 


Liability  for 


appropriated  and  applied  to  the  payment  of  interest  and  the 
retirement  of  the  bond  issue  from  which  it  was  derived. 

Sec.  37.  Be  it  further  enacted,  That  it  shall  be  lawful 
for  the  City  of  Nashville  to  embrace  in  its  budget  for  any 
one  year,  revenue  carried  in  the  budget  for  the  preceding 
year,  and  which  has  not  been  expended  during  such  preced- 
ing year.  This  provision  shall  not  authorize  the  City  Coun- 
cil to  depart  from  the  prescribed  plan  of  making  its  budgets 
except  as  herein  expressly  authorized. 

Sec.  38.  Be  it  further  enacted,  That  any  officer  or  em- 
ployee, or  other  person  intrusted  with  the  collection  or 
disbursements  of  the  funds  of  the  City,  who  shall  create 
or  aid  in  creating  any  liability  against  the  city,  beyond  the 
expenses  fixed  by  the  budget  and  as  provided  in  this  Act, 
or  who  shall  divert  funds  thus  appropriated,  shall  be  civilly 
liable  to  the  City  for  the  excess  and  loss  to  the  City,  together 
with  principal  and  interest  and  the  reasonable  expense  of 
collection. 

Only  one  office       Sec.  39.     Be  it  further  enacted,  That  no  officer  of  the  City 

oj^proi^t  under  ^,j^^  reccivcs  compcusatiou  for  his  services  shall,  except  as 

herein  otherwise  provided,   during  the  term  for  which  he 

is  elected,  or  appointed,  hold  any  other  office  or  profit  under 

the  City  Government. 

Sec.  40.  Be  it  further  enacted,  That  all  bonds  of  officers  or 
employees  not  fixed  by  this  Act  shall  be  fixed  by  ordinance. 
All  bonds  given  to  secure  contracts  where  the  amount  ex- 
ceeds Five  Hundred  Dollars,  shall  be  executed  by  sureties  to 
be  approved  by  the  Mayor,  and  such  bonds  to  secure  con- 
tracts amounting  to  Five  Hundred  Dollars  or  less,  may 
be  secured  as  may  be  required  by  the  Mayor. 

Sec.  41.  Be  it  further  enacted,  That  the  Mayor  and  City 
Council  and  each  and  every  other  officer  and  agent  of  the 
city  is  hereby  prohibited  from  employing  or  appropriating 
the  revenues,  assests,  property  and  taxes  of  the  city  in  any 
other  manner  than  for  purposes  strictly  municipal  and  local 
and  according  to  the  provisions  of  this  Act.  Said  officers 
and  agents  are  prohibited  from  appropriating  or  using  any 
of  the  moneys,  revenues,  assests  or  property  of  the  city,  or 
its  credit,  either  directly  or  indirectly,  by  way  of  donations 
for  festivities,  exhibits,  shows,  lectures,  pageants,  excur- 
sions, decorations  or  parades.  Said  officers  and  agents  are 
prohibited  to  subscribe  to  the  stock  of  any  railroad  or  other 
corporation,  or  to  buy  the  bonds  thereof,  or  to  give  or  lend 
any  money,  aid,  credit  or  property  of  the  city,  either  directly 
or  indirectly  to  any  person  or  corporation,  whatsoever;  said 
city  shall  have  the  power  to  sell,  lease,  or  dispose  of  any 
property  belonging  to  it  for  the  fair  reasonable  market 
value  thereof. 


Officers  Bonds. 


Contract  Bonds 


Donations 
Prohibited . 


Sale  of 
Property. 


CITY  OF  NASHVILLE  49 

No  public  utility  belonging  to  the  city  shall  be  sold,  leased  3^,^^^^^, 
or  disposed  of,  unless  and  until  such  lease,  sale  or  disposal    Pubiicutiiity 
has  been  submitted  by  ordinance  to  the  qualified  voters  of 
the  City,  as  provided  in  the  section  of  this  Act,  wherein  the 
franchise  referendum  is  provided. 

The  Mayor  of  the  City  of  Nashville  is  hereby  authorized  Free  water  to 
to  donate  water  free  of  charge  for  the  encampment  of  Federal    ^^'^^^ 
troops  or  State  Militia  within  the  vicinity  of  the  city,  while 
encamped  and  mobilized  near  the  city  for  the  purpose  of 
preserving  peace. 

Water  shall  not  be  given  free  to  any  other  person,  associa-  No  irec  water, 
tion,  or  corporation. 

Sec.  42.    Be  it  further  enacted, {\)  That  the  Boardof  Public  Authority  to 
Works  shall  have  the  power  and  authority,  with  the  approval    st'reeteetc!  '^' 
of  the  Mayor,  to  design,  or  cause  to  be  designed,  contract  for,    pubuc'^works 
and  execute,  or  cause  to  be  executed,  the  construction  and 
improvement  or  the  reconstruction  and    reimprovement  of 
any  street,  avenue,  alley,  highway,  or  other  public  place,  by 
opening,  extending,  widening,  grading,  paving,  macadamiz- 
ing, curbing,  guttering,  or  otherwise  improving  the  same, 
in  such  manner  and  with  such  material  or  materials,  and 
with  such  culverts  and  drains,  as  said  Board  with  the  approval 
of  the  Mayor  may  prescribe,  and  to  cause  two-thirds  of  the  Two— thirds  of 
cost  or  expense  of  the  aforesaid  work  and  improvements  to    alsers«3to 
be  assessed  against  the  property  abutting  on  said  street,    abutting 
avenue  or  alley  or  other  public  place  so  improved.     Such    ^^°^^^- 
improvement  shall  be  constructed  as  provided  in  this  Sec- 
tion.    W^henever  the  owners  of  two-thirds  of  the  afTected  Petition  for 
front   footage   of   the   abutting   property   shall    petition   in    ""p'^^^*^'"^"  • 
writing  for  such  improvement  to  be  made,  and  the  cost  of 
such  improvement   shall  be  assessed  as  provided. 

(2)  That  when  it  shall  be  determined  to  construct  any  im-  improvement 
provement  authorized  by  the  preceding  subsection  of  this  Sec-    h"'*^e'so1ution 
tion,  two-thirds  of  the  cost  of  which  is  to  be  assessed  against  the 
property  abutting  on  the  street,  highway,  avenue,  alley,  or 
other  public  places  to  be  improved,  it  shall  adopt  a  resolu- 
tion that  such  improvement  or  improvements  shall  be  made, 
which  shall  describe  the  nature  and  extent  of  the  work,  the 
character  of  the   material   or   materials   to   be   used.     The 
location  and  terminal  points  of  the  proposed  improvements, 
and  the  streets,  alleys,  highways,  or  other  public  places  or 
part  or  parts  thereof,  on  which  such  improvements  are  to 
be  made,  and  which  shall  direct  that  full  details,  drawings, 
plans,  specifications  and  surveys  of  said  work  and  estimates 
be  prepared  or  caused  to  be  prepared  by  the  Mayor;  or  the 
said  Board  may  adopt  plans  for  such  work  already  prepared. 
Such  details,  drawings,  plans,  specifications,  and  estimates,  pians. 
shall,  when  completed,  be  placed  on  file  in  the  office  of  the    etc'^'f,^ed°"'^' 
City  Engineer;  where  the  property  owners  who  may  be  affect- 
ed by  such  improvement  may  see  and  examine  the  same, 


50 


CHARTER 


Objections  to 
improvement 
heard. 


Notice  of 
hearing. 


Property 
owners  may 
protest. 


Action  on 
hearing. 


Resolution 
confirmed. 


Mayor 
constructs  by 
contract  or 
City 
employees. 


Bond  or  check 
required 
with  bid. 


and  the  said  resolution  shall  appoint  a  time  when  said  Board 
and  Mayor  shall  meet  which  shall  not  be  less  than  two  (2) 
weeks  after  the  date  of  the  first  publication  of  notice  of 
said  resolution,  to  hear  any  objection  or  remonstrance  that 
may  be  made  to  said  improvement,  the  manner  of  making 
same,  or  the  character  of  the  material  to  be  used.  Notice 
of  the  adoption  of  such  resolution  shall  be  given  by  pub- 
lishing a  notice  once  a  week  for  two  (2)  consecutive  weeks 
in  same  newspaper  of  daily  circulation  in  said  city,  which 
publication  shall  be  notice  to  all  persons  owning  an  interest 
in  property  to  be  affected  thereby  and  subsequent  pur- 
chasers thereof.  It  shall  not  be  necessary  to  set  out  in  full 
in  such  notice  said  resolution ;  but  such  notice  shall  state  the 
character  of  such  improvement  or  improvements,  the  loca- 
tion and  terminal  points  thereof,  and  also  the  time  and  place 
not  less  than  two  weeks  from  the  first  publication  of  the 
notice,  at  which  said  Board  and  the  Mayor  shall  meet  to 
hear  remonstrances  or  protests  against  the  making  of  such 
improvement  or  improvements,  at  the  time  and  place  thus 
appointed;  said  Board  and  Mayor  shall  meet  and  at  said 
meeting  or  a  time  and  place  to  which  same  may  be  adjourned 
from  time  to  time.  All  persons  whose  property  will  be 
affected  by  such  improvement  or  improvements  may  appear 
in  person,  or  by  attorney,  or  by  petition  and  protest  against 
the  making  of  such  improvement  or  improvements,  the  man- 
ner of  making  the  same,  or  the  material  to  be  used;  and  said 
Board  and  Mayor  shall  consider  such  objections  and  pro- 
tests if  any,  and  may  confirm,  amend,  modify,  or  repeal  such 
original  resolutions. 

-  3.  In  the  event  said  Board  confirm  or  confirms  with 
amendments,  said  resolutions  it  shall  be  the  duty  of  the  Mayor 
to  construct  the  improvement  thus  authorized,  which  may 
be  done  by  contract  with  the  lowest  responsible  bidder,  in 
accordance  with  the  provisions  of  the  Charter  of  said  City, 
or  it  may  be  done  by  the  employe  es*of  the  city  as  said  Board 
and  Mayor  may  elect;  provided,  however,  that  in  case  said 
work  is  let  to  the  lowest  responsible  bidder,  all  bids  submitted 
for  the  construction  of  such  improvement  shall  be  accom- 
panied by  a  certified  check,  or  a  suitable  bond,  with  a  solvent 
surety,  indemnity  insurance  company  authorized  to  do 
business  in  the  State  of  Tennessee,  in  a  penal  sum  of  at 
least  ten  per  cent  (10%)  of  the  entire  cost  of  the  work  to  be 
done  or  improvements  to  be  made,  computed  on  the  basis 
of  the  bids  submitted,  and  conditioned  that  the  contractors 
named  therein  shall,  in  case  said  work  is  awarded  to  them, 
enter  into  a  contract  with  said  city,  within  the  time  required, 
and  for  the  price  named  in  their  respective  bids,  and  in 
accordance  with  the  plans  and  specifications  for  the  im- 
provement and  the  provisions  of  the  resolution  of  said 
Board  authorizing  the  improvements. 


CITY  OF  NASHVILLE  5  1 

Said  Board  shall  have  the  power  to  reject  any  and  all 
bids  and  to  order  new  bids.     The  successful  bidder  shall  Contractor's 

•  1       •         •  1  Bond. 

execute  a  bond  to  said  city  in  an  amount  equal  to  twenty- 
five  per  cent  (25%)  of  the  entire  contract  price  of  such 
improvement,  conditioned  that  the  parties  shall  well  and 
truly  perform  all  the  terms  and  conditions  of  the  contract 
in  a  good  and  workman  like  manner  and  in  accordance 
with  the  plans  and  specifications,  which  shall  form  a  part 
of  said  contract,  and  shall  indemnify  and  save  the  city  harm- 
less from  all  losses,  costs,  and  expenses  which  it  may  sustain 
by  reason  of  any  negligence  of  such  contractor. 

4.  That  after  the  completion  of  the  work  on  improvement  Cost 

it  shall  be  the  duty  of  said  Board  and  the  Mayor,  in  con-      ^^^  '""^ 
formity  with  the  requirements  of  said  resolution,  to  appor- 
tion two-thirds  of  the  costs  of  such  improvement  upon  the 
the  land  abutting  the  said  street,  highway,  avenue  or  alley, 
which  apportionment  shall  be  made  against  said  land  and 
the  several  lots  or  parcels  thereof  according  to  the  frontage 
of  said  lots  or  parcels  on  or  alongside  of  said  street,  highway 
avenue  or  alley;  provided,  however,  that  the  aggregate  or 
total  amount  of  the  levy  or  assessment  made  upon  or  against  Assessment 
any  lot  or  parcel  of  land  shall  not  exceed  one- half  of  the    ""'  ^ 
assessed  value  of  said  lot  for  municipal  taxes  for  the  current 
year;  and  the  city  shall  pay  any  part  of  such  levy  or  assess- 
ment upon  or  against  any  such  lot  or  parcel  of  land  as  may 
be  in  excess  of  one- half  of  said  assessed  value  thereof  in- 
cluding the  improvements  thereon.     The  cost  and  expense  Cost  and 
of  the  preliminary  and  other  surveys  and  the  inspection  and    by^u".**^' 
superintendance  of  such  work. 

The  preparation  of  plans  and  specifications,  the  printing 
and  publishing  of  notices,  resolutions,  and  ordinances  re- 
quired, including  notice  of  assessment,  preparing  bonds, 
and  any  other  expenses  necessary  for  the  completion  of  such 
improvement,  including  the  cost  of  the  improvement  of  any 
street  in  each  street  or  alley  intersection,  except  the  share 
to  be  assessed  against  street  railway  companies,  as  herein 
provided,  shall  be  paid,  and  borne  by  tke  city;  and  no  cost 
thereof  shall  be  included  or  levied  on  the  property  fronting 
or  alongside  of  the  street,  highway,  avenue  or  alley,  where 
the  said  improvements  are  made. 

5.  When   any   street,    highway,    avenue   or   alley   to   be  cost  of  paving 
improved  in  accordance  with  the  provisions  of  this  Act  has    between 
located  therein  the  track  or  tracks  of  any  street  railway  or 
commercial   railroad   company   which  had   agreed   to   pave 

any  portion  of  such  street,  highway,  avenue,  or  alley,  and 
by  the  terms  of  its  said  agreement  has  the  option  of  either 
doing  said  work  of  paving  in  accordance  with  the  plans  and 
specifications  prepared  by  said  city,  or  of  permitting  said 
city  to  do  said  work  at  a  price  to  be  paid  to  said  city  by 
said  company,  it  shall  be  the  duty  of  said  Board  to  first 


52  CHARTER 

ascertain  if  said  company  desires  itself  to  do  its  portion  of 
said  paving  or  desires  that  the  same  shall  be  done  by  the  city. 
If  said  company  elects  to  have  its  portion  of  said  paving  done 
by  the  city  at  the  same  time  the  rest  of  said  paving  is  done, 
then,  and  before  proceeding  to  apportion  any  portion  of  the 
cost  of  said  improvement  upon  any  of  the  lots  or  parcels 
of  ground  abutting  on  said  highw^ay,  said  Board  and  Mayor 
shall  first  deduct  from  the  total  cost  of  said  improvement  the 
amount  that  should  pe  paid  by  such  company.  After  de- 
ducting the  amount  that  is  to  be  paid  by  such  street  or  com- 
mercial railroad  company,  said  Board  and  Mayor  shall  next 
proceed  to  apportion  two-thirds  of  the  balance  of  the  cost 
of  such  improvements  upon  the  land  abutting  on  such  street, 
highway,  avenue  or  alley,  as  hereinbefore  and  hereafter 
provided. 

Notice  of  6.     When  said  Board  and  Mavor  shall  have  completed 

apportionment.  ^^^^  apportionment  as  provided  by  this  Act,  it  shall  pub- 
lish a  notice  that  said  assessment  list  has  been  prepared, 
and  that  on  a  day  named,  which  shall  not  be  less  than  ten 
(10)  days  from  the  date  of  the  first  of  said  notices,  the  Board 
and  Mayor  will  consider  any  and  all  objections  to  said  appor- 
tionment that  have  been  filed  in  its  office  and  with  the 
City  Clerk.  Said  notices  shall  further  recite  that  said  assess- 
ment lists  are  in  the  office  of  the  City  Clerk  and  may  be 
inspected  within  business  hours  and  during  the  time  specified 

Objections  filed,  by  any  one  interested.  All  persons  whose  property  it  is 
proposed  to  assess  for  the  cost  of  said  improvement  may  at 
any  time  on  or  before  the  date  named  in  said  notices  file 
in  writing  with  the  City  Clerk  any  objection  or  defense  to 
the  proposed  assessment  against  the  property  or  to  the  amount 
thereof.  On  the  date  named  in  said  notices,  or  at  any  day 
to  which  said  meeting  may  be  adjourned,  or  to  which 
consideration  of  said  assessments  and  the  objections 
thereto  may  be  postponed.  Said  Board  and  Mayor  shall 
Mnfiraed,  hear  and  consider  said  assessments  and  objections  thereto 
^^^-  and,  after  so  doing,  shall  ratify,  confirm,  modify  or  amend 

said  pro-rata  as  sh^l  be  deemed  right  and  proper.  If  no 
objection  to  the  pro-rata  or  the  amount  thereof  is  filed, 
or  if  the  property  owner  fails  to  appear  in  person  or  by  at- 
torney and  resist  the  same,  the  pro-rata  shall  be  confirmed 
and  made  final;  and  property  owners  who  do  not  file  objec- 
tion in  writing  or  protest  against  such  assessment  shall  be 
held  to  have  consented  to  the  same  and  forever  barred  to 
attack  the  regularity,  validity  or  legality  of  such  assessment. 

^by resouTtion  Such  confirmation  and  final  action  on  said  assessment  by 
the  Board  and -Mayor  shall  be  by  resolution  and  final  on  all 

Errors  and         qucstious    of    fact.     Provided,    however,    that    any    error, 

oon-erted        mistake  of  name,  number  of  lot,  description  of  the  same, 

amount  of  assessment,  or  any  other  irregularity  whatever, 

may  at  any  time  be  corrected,  and  no  such  levy  or  assess- 


CITY  OF  NASHVILLE  53 

ment  shall  be  declared  void  or  invalid  by  reason  thereof; 

but  the  person  or  persons  aggrieved  may  have  the  same 

corrected  by  application  in  writing  to  said  Board  and  Mayor. 

If  in  any  Court  of  competent  Jurisdiction  any  final  settle- ^ew 

ment  made  in  pursuance  of  this  Act  is  declared  void,  then    Assessment— 

,  .  .  when. 

said  Board  and  Mayor  may,  upon  resolution  and  notice, 
as  required,  in  the  making  of  an  original  assessment  there- 
under, make  a  new  assessment  in  accordance  with  the 
provisions  of  this  Act. 

7.  All  assessments    levied  by  virtue  of  this  Act  shall  be  Assessments 
due  and  payable  within  thirty  (30)  days  after  the  assessment    paya'bil 
is  made  final  as  aforesaid ;  but  at  the  election  of  the  property 
owner,  to  be  expressed  by  the  payment  of  the  first  installment 

to  be  paid  as  hereinafter  provided  said  assessment  may  be 
paid  in  five  equal  installments,  and  shall  bear  interest  at  the  P=>>""^"t ''^ 
rate  of  six  per  centum  (6%)  per  annum.  The  property 
owners  who  exercise  the  privilege  of  payment  by  install- 
ments as  herein  provided  shall  pay  the  remaining  install- 
ments computed  as  of  the  date  of  the  assessment  annually, 
in  one,  two,  three  and  four  years.  The  property  owners 
desiring  to  exercise  the  privilege  of  payment  by  install- 
ments shall,  before  the  expiration  of  the  thirty  days  afore- 
said make  payment  of  the  first  installment  of  the  five  equal 
installments  of  the  assessment  against  any  such  property, 
owner  or  owners,  the  payment  of  such  first  installment  to  be 
held  and  constitute  a  waiver  of  any  illegality,  irregularity  or 
invalidity  with  regard  to  the  assessment  against  such  prop- 
erty. In  all  cases  where  the  first  installment  has  not  been 
paid  within  the  time  prescribed,  the  entire  assessment  shall 
be  payable  in  cash  on  expiration  of  said  thirty  days  provided, 
that  any  property  owner  or  owners  who  shall  have  elected 
to  pay  such  assessment  in  five  equal  installments  shall  have 
the  right  and  privilege  of  paying  up  the  assessment  in  full 
at  any  time  by  paying  the  full  amount  of  the  assessment 
together  with  accrued  interest;  provided,  further,  however, 
that  if  any  property  owner  makes  default  of  payment  of  ^1^^"^^^*°  ^ 
any  installment  and  interest  thereon  when  the  same  matures 
all  of  the  delinquent  installments  of  his  assessment,  with 
interest  and  an  additional  sum  equal  to  one-half  the  annual 
interest  thereon  shall  become  immediately  due  and  payable. 
In  all  cases  where  said  first  installment  of  an  assessment  has 
not  been  paid  within  the  period  of  thirty  days,  it  shall  com- 
mence to  bear  interest  at  the  rate  of  six  per  centum  (6%) 
per  annum  upon  the  date  expiration  of  said  period. 

8.  After  the  said  Board  and  Mayor  shall  have  levied  said  "^^'"i^ments" 
assessment  against  the  property  abutting  upon  such  street,    book 
highway,  avenue,  or  alley,  the  Board  shall  deliver  a  list  of 

such  assessments  to  the  City  Comptroller  who  shall  enter  it, 
or  cause  the  same  to  be  entered,  in  a  well-bound  book  styled, 
"Special  Assessments,"  which  book  shall  be  so  ruled  as  to 


54 


CHARTER 


Indexed. 


Delinquent 
Installments. 


City  Attorney 
collects. 


Chancerv 
Court  bill 
to  collect. 


Assessment 
costs,  etc., 
a  lien  on 
property . 


conveniently  show  (1)  the  name  of  the  owner  of  said  prop- 
erty;     (2)  the  number  of  the  lot  or  part  of  lots  and  the  plan 
thereof,  if  there  be  a  plan;  (3)  the  frontage  of  said  lot  and 
the  depth  thereof;  (4)   the  amount  that  has  been  assessed 
against  said  lot;  (5)  the  amount  of  each  installment  and  the 
date  on  which  each  installment  is  due.     Said  book  shall  be 
indexed  according  to  the  names  of  the  owners  of  the  property 
and  according  to  the  names  of  the  streets  that  have  been 
improved.     The  City  Comptroller  shall  issue  his  receivable 
warrant  to  the  individual  or  owner  desiring  to  pay  any  of 
said  assessment,  which  amount  shall  be  paid  to  the  Treasurer 
of  said  city  as  other  taxes  and  revenues  of  said  city  are  now 
paid.     Whenever  any  installments  of  any  assessment  shall 
become  past  due  for  a  period  of  sixty  days  (60)  it  shall  be  the 
duty  of  the  City  Comptroller  of  said  city  to  certify  said 
installments  and  all  other  installments  of  the  same  assessment 
to  the  City  Attorney  of  said  city,  whose  duty  it  shall  be  to 
immediately   enforce  the  collection  of  such  installment  or 
installments  by  attachment  levied  upon  the  lot  or  parcel 
of  ground  upon  which  such  assessment  or  assessments  were 
assessed.     In  case  of  the  non-payment  of  any  installment 
as  prescribed  by  this  Act,  then  all  of  the  installments  shall 
become  due  and  delinquent,  and  a  bill  shall  be  filed  and  lien 
thereunder  enforced,  and  collected  in  the  Chancery  Court  of 
Davidson  County,  any  land  maybe  sold  in  said  proceedings,  in 
bar  of  equity  of  redemption  and  all  other  rights,  legal  or  equita- 
ble, belonging  to  the  owner  or  owners  of  said  bond.     Any  such 
Bill  may  include  as  many  as  twenty-five  (25)  distinct  pieces 
or  tracts  of  land,  the  owners  thereof  being  made  defendants 
to  the  bill;  and  such  cause  shall  not  be  subject  to  objection 
for  misjoinder  by  reason  of  the  distinct  interest  that  sev- 
eral   of   the    defendants    have    in    the    property   proceeded 
against,  and  all  parties  necessary  to  enable  the  Court  to 
enforce  the  lien  and  to  divest  the  title  out  of  the  owner  or 
owners  and  invest  the  same  in  the  purchaser  may  be  made 
parties  defendant,  with  all  the  rights,  procedure  and  pro- 
visions as  are  authorized  in  the  collection  of  sidewalk  assess- 
ments and  taxes  in  this  Act.     It  is  hereby  intended  that  said 
sums  of  money  expended  under  this  Act,  together  with  all 
interest,   costs,   charges,  etc.,   as  have  heretofore  been  set 
forth,  shall  be,  and  are,  and  do  constitute  a  lien  upon  the  fee 
in  said  lot  or  lots  or  parcels  of  ground,  and  not  merely  upon 
the  interest  of  the  person  or  persons  to  whom  said  assessment 
and  levy  may  be  made,  but  to  any  and  all  other  interest  in 
said    property    whether    in    reversion,    remainder    or   any 
estate  of  any  nature  whatsoever;  and  said  assessment  shall 
not  be  invalid  on  account  of  said  assessed  property  having 
been  based  on  the  assessment  made  against  any  one  as  owner 
or  owners,  or  where  the  owner  or  owners  are  unknown.     The 
said  lien  shall  be  prior  and  superior  to  all  other  liens  or 


CITY  OF  NASHVILLE  0* 

incumbrances  of  any  nature  whatsoever,  except  State, 
County,  and  Municipal  taxes,  and  shall  be  of  equal  dignity 
with  sidewalk  assessments.  Said  lien  shall  attach  when  Lien 
said  Board  and  Mayor  shall  have  ordered  the  improvement  ^"^^''^^^^ 
made  in  accordance  with  the  plans  and  specifications  pre- 
pared for  the  Board.  When  said  order  shall  have  been  en- 
tered upon  the  Minute  Book  of  the  Board,  such  entry,  where 
duly  signed  by  the  Chairman  of  said  Board,  shall  become  a 
notice  and  fix  the  lien  as  to  all  parties  who  have  acquired 
any  title,  right,  or  interest  in  or  to  said  lot  or  parcel  of  ground 
or  who  may  thereafter  acquire  any  title,  right  or  interest 
therein. 

The  City  Attorney  is  authorized  to  have  an  abstract  of  Abstractor 
title  made  to  such  lot  or  lots,  and  the  expenses  thereof,  shall    *'**'^ 
be  charged  as  an  item  in  the  collection  of  said  assessment. 

9.  When  said  Board  and  Mayor  shall  have  ordered  the  Bonds  to  paj- 
construction  of  any  improvement  in  accordance  with  the  fm'i^rovements 
terms  of  this  Act,  the  City  Council  shall  have  the  power  and 
authority,  for  the  purpose  of  providing  the  means  to  pay 
the  expenses  of  said  improvements  chargeable  to  property 
owners,  to  issue  negotiable  bonds  of  the  municipality  to  the 
amount  in  par  value  not  exceeding  two-thirds  of  the  estimated 
cost  of  any  such  improvement  or  improvements,  which  cost 
shall  for  this  purpose  be  estimated  by  the  City  Council  in 
an  ordinance,  approved  as  other  ordinances,  authorizing  the 
issue  of  said  bonds.  Such  bonds  shall  be  payable  to  the 
bearer  in  lawful  money  of  the  United  States,  either  at  the 
office  of  the  Treasurer  of  the  municipality  or  at  such  other 
places  in  the  United  States  as  may  be  designated  in  the  bond, 
and  such  bonds  shall  be  in  the  form  and  signed  by  such 
officials  as  may  be  provided  in  the  ordinance  directing  the 
issue,  coupons  may  bear  a  fac-simile  signature  or  signatures. 
In  case  any  such  officers  whose  signatures  appear  on  the 
bonds  or  coupons  shall  cease  to  be  such  officers  before  the  deliv- 
ery of  such  bonds  to  the  purchaser,  such  signatures  shall,  never- 
theless, be  valid  and  sufficient  for  all  purposes,  the  same  as 
if  they  had  remained  in  office  until  the  delivery  of  the  bonds. 
The  bonds  shall  run  for  one,  two,  three,  four  and  five  years.  Maturity  and 
and  bear  interest  at  a  rate  not  exceeding  six  per  centum  per  interest, 
annum,  as  may  be  designated  in  the  bonds,  payable  semi- 
annually, with  interest  coupons  attached;  and  such  bonds 
shall  be  of  such  denomination  as  the  City  Council  in  said 
ordinance  may  order  and  direct.  The  City  Council  may, 
in  its  discretion,  in  such  ordinance  provide  that  any  bond  shall 
be  payable  at  the  option  of  the  municipality  at  any  interest 
paying  period;  and  if  the  City  Council  desires  to  exercise  this  Redemption, 
right,  it  shall  be  stated  on  the  face  of  the  bonds,  as  well  as 
in  the  ordinance  authorizing  their  issuance,  that  they  are 
subject  to  call  at  any  time  before  their  maturity  that  the 
City  Council   may  deem   proper;   provided,   however,   that 


56 


CHARTER 


Sale  of  bonds. 


Special  Levy. 


Advertisement, 
sale  or  award 
of  bonds  by 
resolution. 


Form  of  bonds. 


notice  shall  be  given  before  any  such  interest  period  by- 
publication  three  times  once  a  week,  for  three  consecutive 
weeks,  in  a  daily  newspaper  published  in  said  city,  the  first 
publication  to  be  not  less  than  thirty  (30)  days  prior  to  the 
interest  period  at  which  it  is  proposed  to  redeem  the  bonds, 
such  notice  stating  the  intention  to  redeem  the  bonds  and 
describing  them  by  number  and  series,  as  is  provided  for  re- 
tiring or  calling  bonds  in  other  cases.  Said  bonds  shall  be 
sold  at  public  or  private  sale  at  not  less  than  par  and  accrued 
interest ;  said  bonds  shall  be  absolute  and  general  obligations  of 
the  municipality,  and  the  assessments  levied  upon  the  property 
abutting  on  the  streets,  highways,  avenues  or  alleys,  or  part  or 
parts  thereof,  in  respect  of  which  any  such  bonds  are  issued, 
shall  be  set  apart  as  a  fund  for  the  payment  of  such  bonds 
and  interest.  It  shall  be  the  duty  of  the  City  Council  of 
said  city  to  levy  an  ad  valorem  tax  upon  all  of  the  taxable 
property  in  the  city  to  pay  the  principal  and  interest  of  said 
bonds  as  they  may  be  come  due  or  to  pay  such  part  or  parts 
thereof  as  are  not  provided  for  by  the  assessments  levied  and 
actually  collected  and  in  the  treasury  of  the  city  set  apart 
for  the  payment  of  such  bonds  and  interest.  The  tax  herein 
provided  for  shall  be  in  addition  to  all  other  taxes  which  such 
municipality  is  authorized  by  law  to  levy,  any  ordinance 
authorizing  the  issuance  of  such  bonds  shall  be  valid  when 
passed  by  the  City  Council  of  said  city,  and  the  provisions 
of  Sections  31  and  34  of  this  act  shall  not  apply  to  bond 
issued  under  this  sub-section.  Said  ordinance  may,  in 
the  discretion  of  the  Legislative  Body,  provide  for  the  issuance 
of  bonds  in  one  lot  or  amount  in  respect  of  any  one  or  more 
of  such  improvements  on  one  or  more  streets,  avenues,  alleys, 
or  highways,  or  part  or  parts  thereof,  and  may,  in  the  dis- 
cretion of  the  City  Council  of  said  city,  provide  that  any 
assessments  levied  in  respect  of  any  such  improvement  or 
improvements  on  one  or  more  streets,  avenues,  highways,  or 
alleys,  may  be  applied  as  a  whole  toward  payment  of  such 
entire  lot  or  amount  of  bonds  or  interest  thereon ;  and  it  shall 
not  be  necessary  that  each  assessment  for  each  sepa  rate  impro- 
vement  shall  be  kept  separate  and  applied  to  the  bonds  issued 
in  respect  to  that  particular  improvement.  After  the  passage 
of  any  ordinance  authorizing  the  issuance  of  bonds,  any  of  the 
proceedings  authorizing  the  advertisement  or  sale  or  award  of 
the  bonds  may  be  taken  by  order  or  resolution,  made  at  a 
single  meeting  or  session  of  the  City  Council  of  said  city,  and 
need  not  be  by  ordinance.  Any  such  bonds  may  be  issued 
in  substantially  the  following  form  or  in  such  other  form  as 
the  Mayor  and  City  Council  of  said  city  may  from  time  to 
time  prescribe,  such  form  is  as  follows,  towit:— 


CITY  OF  NASHVILLE  57 

UNITED  STATES  OF  AMERICA. 

STATE  OF  TENNESSEE. 

CITY  OF  NASHVILLE. 

STREET  IMPROVEMENT  BOND. 

NO SERIES $.. 

The  City  cf  Nashville,  a  municipal  corporation,  organized 
and  existing  under  the  laws  of  the  State  of  Tennessee,  for 
value    received,    hereby    acknowledges  itself  indebted    and 

promises  to  pay  to  the  bearer  the  sum  of  $ ...in 

lawful  money  of  the   United  States,   on   the  first   day  of 

,19... ,    with   interest   thereon   at   the   rate   of 

..per  centum  per  annum,  payable  semi-annually  on 

the  first  day  of and in 

each  year,  until  this  bond  is  paid  upon  presentation  and 
surrender  of  the  annexed  coupons  as  they  severally  fall  due, 
both  principal  and  interest  being  payable  at  the  office  of  the 
City  Treasurer  in  Nashville,  Tennessee,  or  at  the  office  of 

in ,  at  the  option  of  the 

holder.  This  bond  is  issued  under  and  in  pursuance  of  and 
in  strict  conformity  with  an  Act  of  the  General  Assembly  of 

the  State  of  Tennessee,  approved ,  of  the 

Acts  of  the  year and  in  other  statutes, 

and  the  constitution  of  said  State  and  the  Charter  of  said 
city  in  such  cases  made  and  provided,  and  under  and  pur- 
suant to  ordinances  and  proceeedings  of  said  city,  duly 
adopted  and  had,  and  to  provide  means  to  pay  not  exceeding 
two-thirds  of  the  estimated  cost  of  certain  street  improve- 
ments. It  is  hereby  certified,  recited  and  declared  that  all 
acts,  conditions  and  things  required  to  be  done,  existed  and 
been  performed  precedent  to  and  in  the  issuance  of  this  bond 
in  order  to  make  this  b«nd  a  legal,  valid  and  binding  obliga- 
tion of  the  City  of  Nashville,  have  been  done,  existed  and  been 
performed  in  regular  and  due  time,  form  and  manner  as 
required  by  law;  and  that  the  indebtedness  represented  by 
this  bond,  together  with  all  other  indebtedness  of  said  city, 
does  not  exceed  any  limit  prescribed  by  the  Constitution 
or  statutes  of  said  State  or  the  Charter  of  said  city.  The  full 
faith  and  credit  of  the  City  of  Nashville  are  hereby  pledged 
for  the  prompt  payment  of  the  principal  and  interest  of  this 
bond  as  the  same  become  due.  In  witness  whereof,  the 
Mayor  of  said  City  of  Nashville  and  the  City  Treasurer  of 
said  city  have  signed  this  bond  and  attached  the  seal  of  said 
city  and  caused  the  interest  coupons  hereto  attached  to 
be  signed  with  the  face-simile  signature  of  the  Mayor  and 

said  City  Treasurer,  and  this  bond  to  be  dated  

19 

MAYOR. 

CITY  TREASURER. 


58  CHARTER 

If  the  municipality  reserves  the  right  or  option  to  pay  off 
said  bonds  before  maturity,  such  right  or  option  shall  be 
expressly  reserved  in  the  bonds;  and  the  language  of  such 
reservation  inserted  in  such  case  in  the  bond  may  be  sub- 
stantially as  follows,  or  any  other  appropriate  language: 
Retired  before  The  City  of  Nashvillc  hereby  reserves  the  right  and  option 
maturity.  ^.q  p^y  ^f^  ^j^j^,  jjond  at  any  interest  paying  period  before 
maturity;  and  in  the  event  the  City  of  Nashville  shall  elect 
to  pay  off  this  bond  in  full  at  any  interest  period  before 
maturity,  it  shall  and  will  pay  as  a  bonus  to  the  holder  thereof 
a  sum  equal  to  one-half  of  the  annual  interest  thereon  for  one 
year;  provided,  however,  that  the  legislative  body  of  said 
municipality  shall  give  public  notice  before  such  interest  per- 
iod by  publication  three  times,  once  a  week  for  three  conse- 
cutive weeks,  in  a  daily  newspaper  published  in  the  City  of 

..the  first  publication  to  be  not  less  than 

thirty  days  prior  to  the  interest  period  of  this  bond,  stating 
its  intention  to  redeem  the  same  and  describing  the  same 
by  number  and  series. 


(Form  of  Coupon) 

No ...^ -.$ 

ON  THE  FIRST  DAY  OF 19 

THE  CITY  OF  NASHVILLE,  TENNESSEE,  WILL 
PAY  TO  THE  BEARER  AT  THE  OFFICE  OF  THE 

CITY ,  IN  NASHVILLE,  TENN.,  OR 

AT  THE  OFFICE  OF ,  IN 

AT  THE  OPTION  OF  THE  HOLDER,  - - -. 

DOLLARS,  BEING  SIX  MONTHS  INTEREST  THEN 
DUE  ON  STREET  IMPROVEMENT  BOND  No 

MAYOR. 

CITY. 


Railroad  tracks  ^^-  ^^  there  bc  a  Street,  electric,  or  steam  railroad  track 
in  street.  or  tracks  in  any  street,  alley,  avenue,  or  highway  improved 
under  this  Act,  the  cost  of  such  improvement  between  the 
rails  and  the  space  between  such  tracks  and  two  (2)  feet 
beyond  the  outer  rail,  and  including  switch  and  turnouts, 
shall  be  paid  by  the  owners  of  such  railroad,  and  shall  be 
assessed  and  collected  from  such  owner,  and  shall  be  levied 
upon  the  railroad  and  the  property  used  in  connection  there- 

Cuiverts.  with;   and   in   the   event  a  culvert    be    constucted,    which 

drains  streets  or  highways,  on  which  there  is  a  street,  electric, 
or  other  railroad,  there  shall  be  assessed  against  such  rail- 
road a  fair  and  just  proportion  of  the  construction  of  such 


CITY  OF  NASHVILLE  59 

culvert,  to  be  determined;  and  such  assessment  shall  be  a 
lien  like  other  assessments,  and  may  be  collected  in  like 
manner;  provided,  however,  that  where  any  such  railroads 
shall  occupy  any  street,  alley  or  highway,  under  ordinance 
or  contract  with  such  city,  it  shall  pay  or  improve  according 
to  the  provisions  of  such  ordinance  or  contract  as  have 
been  provided  in  this  Act.  Where  any  of  the  improvements 
authorized  by  this  Act  shall  have  been  directed  to  be  done 
as  herein  provided,  said  Board  and  Mavor  of  said  citv,  shall  R^^'s  replaced— 

•  .'-11  "  when. 

have  the  power  to  require  any  street  railroad  company,  or 
any  steam  commercial  railroad  company,  or  other  rail-using 
company,  to  replace  the  rails  that  such  company  have  in 
such  street  with  other  rails  of  a  kind  to  be  specified  by  said 
Board  and  Alayor;  and  when  in  the  judgement  of  said  Board, 
and  Mayor,  the  rails  ordered  to  be  removed  are  not  suitable 
to  be  used  with  paving  that  is  about  to  be  put  down,  notice 
thus  provided  for  shall  be  given  at  least  sixty  (60)  days  before 
work  is  begiin  upon  that  portion  of  the  street  w^herein  such 
rails  are  located.  Should  the  company  refuse  to  comply 
with  the  requirements  of  said  notice,  the  Mayor  shall  have 
power  to  remove  all  of  said  rails  from  such  streets,  highway, 
alley  or  public  place,  and  the  expense  of  such  removal  shall 
be  paid  by  such  company. 

11.  Before   making  any  of  the  improvements   contem- ^^l^cfjind 
plated  in  this  Act,  the  Board  and  Mayor  shall  have  power  to    connections, 
order  the  owner  or  owners  of  all  abutting  real  estate  to 
connect  their  several  premises  w-ith  water  mains  and  sewers 

in  the  street  in  front  of  their  several  premises;  and  upon 
default  of  the  owner  for  thirty  (30)  days  after  such  notice 
to  make  connection,  the  Mayor  may  contract  for  and  make 
the  connection  aforesaid,  at  such  distance,  under  such  reg- 
ulation and  in  accordance  with  such  specifications  as  may 
be  prescribed  by  it ;  and  the  whole  cost  of  such  connection 
shall  be  assessed  against  the  premises  with  which  the  con- 
nection is  made.  Any  number  of  such  connections  may  be 
included  in  one  contract,  and  the  cost  thereof  shall  be  added 
to  the  final  levy  or  assessment  made  against  the  property 
of  each  lot  owner  as  hereunder  provided. 

12.  In  the  event  of  the  issuance  of  bonds  as  herein  pro- ""^^^ 'f ^^J^^ ,f 
vided,  it  shall  be  the  duty  of  the  City  Council  of  said  city    necessary, 
to  ascertain  in  due  season,  in  advance  of  the  time  for  the 
payment  of  the  principal  or  interest,  or  both,  of  any  and  all 

such  bonds  to  be  herein  issued,  and  in  advance  of  the  time 
for  the  payment  of  the  principal  or  interest,  or  both,  of  any 
such  bonds,  whether  or  not  there  is  or  will  be  sufficient 
moneys  provided  by  the  assessments  levied  and  actually 
collected  in  the  treasury  of  the  municipality  set  apart  for 
the  payment  of  the  principal  and  interest  of  such  bonds  as 
the  same  from  time  to  time  become  due,  and  it  shall  be  the 
duty  of  the  City  Council  in  due  season,  in  advance  to  levy 


60 


CHARTER 


Bonds  not 
affected  by 
Errors. 


Funds 

Collected  in 

special 

account. 


Contractors 
paid— how, 


an  ad  valorem  tax  upon  all  the  taxable  property  in  the  munici- 
pality sufficient  to  pay  the  principal  and  interest  of  such 
bonds  as  they  become  due  from  time  to  time,  or  to 
pay  such  part,  or  parts,  thereof,  as  are  not  or  will  not 
be  fully  provided  for  by  the  assessments  levied  and  actually 
collected  and  in  the  treasury  of  the  municipality  in  season 
for  the  payment  of  the  principal  and  interest  of  such  bonds 
as  the  same  from  time  to  time  become  due.  In  case  the 
municipality  shall  levy  and  collect  ad  valorem  taxes  for  the 
purpose  of  paying  the  principal  and  interest  of  any  bonds 
or  any  part  thereof,  the  municipality  shall,  nevertheless, 
have  the  power  and  authority  to  proceed  with  the  levy  and 
collection  of  the  assessments,  and  such  assessments  or  part 
thereof  sufficient  for  the  purpose  shall  be  paid  into  the  treas- 
ury of  the  municipality  to  reimburse  the  treasury  for  the 
amount  thus  paid  out  of  such  ad  valorem  taxes ;  and  such 
money  thus  reimbursed  to  the  treasury  shall  be  used  for 
any  lawful  corporate  purpose  for  which  ordinary  ad  valorem 
taxes  may  be  legally  levied  and  collected. 

13.  Any  failure  on  the  part  of  the  city  to  comply  with 
any  of  the  provisions  of  this  Act,  and  any  failure  in  the  ex- 
istence or  performance  of  any  of  the  conditions  precedent 
to  the  issuance  of  any  bonds  issued  under  the  provisions  of 
this  Act,  for  local  abutting  property  purposes  and  improve- 
ments, shall  not  effect  the  valadity  of  such  bonds  or  of  the 
assessments  made  for  such  purposes,  but  the  same  shall  be 
in  all  respects  valid  and  binding. 

14.  That  the  proceeds  arising  from  the  collection  of 
assessments  levied  for  each  improvement  shall  be  and  con- 
stitute a  separate  and  distinct  fund;  and  each  such  fund,  to- 
gether with  its  accumulations  shall  be  pledged  for  the  pay- 
ment of  the  bonds  and  interest  coupons  issued  for  the  im- 
provement from  the  assessment  of  which  said  fund  arise, 
and  shall  be  applied  exclusively  to  the  payment  of  such  bonds 
and  coupons.  It  shall  be  the  duty  of  the  Treasurer  of  said 
city  to  keep  an  accurate  account  of  all  funds  arising  from 
all  assessments  for  improvements  made  under  this  Act, 
and  to  carefully  and  accurately  keep  a  separate  account  of 
the  funds  arising  from  the  collection  of  assessments  for  each 
particular  improvement  provided,  however,  that  if  at  any 
time,  the  amount  of  any  particular  fund  shall  exceed  the 
amount  of  any  outstanding  bonds  issued  for  such  improve- 
ments as  hereinbefore  provided,  and  all  such  bonds  so  re- 
deemed shall  be  cancelled  provided,  further,  that  said  Board 
and  Mayor  shall  have  the  power,  after  the  expiration  of 
sixty  (60)  days  from  the  date  of  the  final  assessment  for  any 
improvement,  if  no  bonds  for  said  improvement  have  been 
issued  and  sold,  to  order  the  payment  out  of  the  proper 
fund  to  the  contractor  who  constructed  the  improvement, 
of  all  or  any  part  of  the  assessment  for  said  improvement 


CITY  OF  NASHVILLE  61 

previously  collected  or  to  reimburse  from  such  collection 
the  general  funds  of  the  city  to  the  extent  of  any  money 
advanced  out  of  the  general  funds  or  borrowed  to  pay  the 
cost  of  said  improvement,  and  to  issue  and  sell  bonds,  as 
hereinbefore  provided,  to  any  amount  not  exceeding  the 
balance  due  the  contractor  and  the  general  fund  of  the  city 
or  borrowed  for  such  purpose.  If  there  shall  be  any  surplus 
arising  from  the  sale  of  bonds  issued  for  any  improvement 
above  the  cost  of  said  improvement,  said  surplus  shall  be 
and  become  a  part  of  the  fund  levied  for  said  improvement, 
and  shall  be  kept  and  applied  in  the  manner  as  said  fund 
is  herein  required  to  be  kept  and  applied,  all  proceeds 
arising  from  the  collection  of  assessments  levied  for  an 
improvement  shall,  as  soon  as  collected,  be  deposited  by  the 
Treasurer  in  some  bank  to  be  designated  as  other  funds  of 
the  city;  and  such  collection  shall  not  be  deposited  with  the 
general  funds  of  the  city,  but  shall  be  considered  a  separate 
deposit  to  the  account  of  "Public  Improvement,"  and  shall  "Public 
be  drawn  out  on  checks  or  orders  directing  the  amount  pund"-^™""* 
designated  therein  to  be  paid  out  of  the  "Public  Improve- 
ment Fund."  The  Treasurer  shall  be  liable  on  his  official 
bond  to  any  holder  of  the  bond  authorized  hereby  for  any  Liability  for 
loss  or  injury  to  such  bond  holder  caused  by  the  diversion  ^'nd"'°"°^ 
of  said  officer  of  any  said  funds  or  part  thereof  to  the  pay- 
ment of  any  other  fund,  certificate  of  indebtedness,  or  in- 
terest coupops,  or  indebtedness  of  the  city  other  than  the 
bonds  and  interest  coupons  and  indebtedness  herein  author- 
ized to  be  paid  out  of  said  fund,  or  by  the  use  or  misappro- 
priation by  said  officer  of  any  part  of  the  fund  out  of  which 
said  bonds  are  required  and  contemplated  herein  to  be  paid 
for  any  other  purposes  than  herein  provided  for,  or  for  the 
benefit  of  the  city  or  others;  and  any  member  of  the  City 
Council,  Board  of  Public  Works,  or  Mayor  or  other  officer 
of  said  city  who  shall  by  his  or  their  vote,  or  in  any  other 
manner,  cause,  aid,  or  encourage  any  such  diversion,  use  or 
misappropriation  of  the  fund  out  of  which  the  bond  holders 
are  entitled  to  be  paid,  for  any  other  purpose  than  that 
authorized  and  required  herein,  whereby  loss  or  injury  to  the 
bond  holders  or  any  of  them  is  caused,  shall  he  jointly, 
severally  liable  to  such  bondholders  injured  to  the  extent 
of  such  loss  and  injury. 

15.     In  the  event  a  petition  be  presented  to  the  Board,  P';''t'°"'°'' 

^,  .,,.  ,  ,         r     1  ■  ,  •  Improvement. 

averring  the  willingness  of  each  of  the  signers  to  pay  his  or 
her  pro-rata  share  of  the  entire  cost  of  any  improvement 
such  as  is  hereby  authorized,  and  relieve  the  municipality 
from  any  payment  of  any  part  thereof,  as  to  any  street,  high- 
way, avenue,  alley,  or  part  or  parts  thereof  which  petition 
is  signed  by  the  owners  of  at  least  sixty-six  and  two-thirds 
per  cent  (66|%)  of  the  frontage  of  tlie  lots  or  parcels  of 
land  abutting  on  such  street,  highway,  avenue  or  alley,  or 


62 


CHARTER 


Limit  to 

assessment. 


Evidence 
"Special 
Assessment" 
book  is. 


Sale  for 
Assessment . 


Boupht  in  by 
Mayor. 


Quit— claim 
by  Mayor. 


City's  cost 
paid — how. 


"General 
I  mproveinent 
Bonds." 


part  or  parts  thereof,  proposed  to  be  improved  as  hereby 
authorized,  such  petition  may  be  granted  by  the  Board  and 
Mayor  of  said  city;  and  thereupon  proceedings  may  be  had 
under  this  Act  the  same  in  all  respects  as  if  the  improvements 
had  been  begun  by  said  Board  and  Mayor  on  their  own 
initiative,  and  bonds  may  be  issued  and  assessments  made 
except  that  the  assessment  shall  in  such  event  be  made  for 
the  entire  cost  of  their  improvement,  and  bonds  may  be  is- 
sued for  the  entire  cost  instead  of  assessment  being  made 
and  bonds  being  issued  for  only  two- thirds  of  the  cost  thereof; 
provided,  that  no  assessment  under  this  sub-section  shall 
in  any  event  exceed  on  any  lot  one-half  of  the  assessed  value 
of  such  lot  for  municipal  purposes  for  the  current  year 
including  improvements  thereon;  and  all  other  provisions 
of  this  Act  shall  be  applicable  in  respect  to  any  improve- 
ment made  under  this  sub-section  except  as  in  this  sub- 
section may  be  otherwise  expressly  provided. 

16.  The  entries  in  the  "Special  Assessment"  book  here- 
tofore referred  to  shall  be  a  book  of  original  entries  for  any 
and  all  purposes,  and  a  certified  copy  thereof,  signed  by 
the  City  Comptroller,  shall  be  competent  evidence  in  all 
cases. 

17.  Wherever  such  proceedings  are  taken  by  said  city 
as  shall  result  in  the  sale  of  any  lot  of  ground  to  pay  any  install- 
ment or  installments  of  such  levies  or  assessments  as  herein 
provided,  the  Mayor  or  such  person  as  he  may  designate, 
shall  have  the  right  to  bid  at  such  sale  up  to  the  amount  of 
all  of  the  assessments  that  are  outstanding  against  said 
property,  and  the  cost  of  the  cause,  and  if  said  property  is  struck 
off  to  the  city,  the  title  thereof  shall  be  taken  in  the  name  of 
the  City  of  Nashville,  and  the  Mayor  shall  thereafter  have  the 
power  to  execute  a  quit-claim  deed  of  said  city  to  any  indi- 
vidual who  shall  tender  in  consideration  thereof  the  amount 
of  such  special  assessments  that  may  have  been  levied  against 
such  property,  together  with  all  costs,  interest  or  charges 
that  may  have  been  incurred  in  the  eflfort  to  collect  such 
assessments. 

18.  Wherever  any  of  the  improvements  made  under  the 
provisions  of  this  Section  for  which  it  is  herein  provided 
that  two-thirds  of  the  cost  thereof  shall  be  paid  by  the 
owners  of  abutting  real  property,  the  municipality  within 
whose  corporate  limits  such  improvement  is  made  shall  pay 
the  remaining  cost  out  of  any  fund  available  or  provided 
for  that  purpose,  or  that  for  the  purpose  of  raising  funds 
with  which  to  pay  that  portion  of  the  cost  of  the  improvement 
chargeable  against  the  municipality  as  herein  authorized, 
said  municipality  shall  have  the  power  and  authority  to 
issue  negotiable  bonds,  to  be  termed  "General  Improvement 
Bonds,"  as  distinguished  from  the  bonds  authorized  by  a 
preceding  sub-section  of  this  section,  to  an  amount  in  par 


CITY  OF  NASHVILLE  63 

value  not  exceeding  one-third  of  the  estimated  cost  of  any 
such  improvement  or  improvements,  and  the  cost  of  inter- 
sections, and  the  cost  of  incidentals  mentioned  in  a  preceding 
sub-section,  which  cost  shall  for  this  purpose  be  estimated  by 
the  legislative  body  in  an  ordinance  authorizing  the  issuance 
of  said  bonds.     Said  bonds  shall  be  payable  to  bearer  in 
lawful  money  of  the  Unites  States  either  at  the  office  of  the 
Treasurer  of  the  municipality  or  at  such  other  place  in  the 
United  States  as  may  be  designated  in  bonds,  and  shall  be 
in  such  form  and  signed  by  such  officials  as  may  be  provided 
in  the  ordinance  directing  their  issuance.     In  case  any  of 
such   officials   whose    signatures    appear   on   the   bonds   or 
coupons  shall  cease  to  be  such  officials  before  the  delivery 
of  such  bonds   to   the   purchasers,    such    signatures    shall, 
nevertheless,   be  valid  and  sufficient  for  all  purposes,   the 
same  as  if  they  had  remained  in  office  until  the  delivery 
of  the  bonds.     The  bonds  authorized  by  this  sub-section  ^j^^^^i^^  ^^^ 
shall  run  for  a  period  not  to  exceed  twenty  years,  at  the    interest, 
discretion  of  the  City  Council,  and  shall  bear  interest  at  a 
rate  of  not  to  exceed  six  per  cent  (6%)  per  annum,  as  may 
be  designated  in  the  bond,  payable  semi-annually,  and  with 
coupons  attached,   which  may  bear  a  fac-simile  signature 
or  signatures,  of  the  officers  authorized  by  ordinance  pro- 
viding for  the  issuance  of  said  bonds.     Said  bonds  shall  be 
of  such  denomination  as  the  City  Council  may  in  the  ordi- 
nance directing  their  issuance  designate,  and  may  be  sold  at 
public  or  private  sale,  but  not  for  less  than  par  and  accrued  ^^^'^  of '^oo^s. 
interest.     Said   bonds   shall   be   the   absolute   and   general 
obligations  of  the  city  directing  their  issuance;  and  the  City 
Council  of  said  city,   notwithstanding  any  previous  or  sub- 
sequent sections  of  this  Act,  shall  levy  annually  a  sufficient 
special   tax   on   the   assessed   valuation   of   all   the   taxable  ^^''''''''' ^^''• 
property  in  said  city  to  provide  for  the  payment  of  that 
portion    of    improvements    herein    authorized    chargeable 
against  the  city  proper,  and  to  provide  a  fund  with  which  to 
pay  interest  on  bonds  authorized  to  be  issued  by  this  sub- 
section, and  to  provide  a  sinking  fund  for  the  payment  of 
any  bonds  that  may  be  issued  in  anticipation  of  the  collection 
of  such  tax,  which  fund  so  provided  shall  not  be  used  or 
appropriated  to  any  other  purpose  or  purposes  than  the 
payment  of  such  portion  of  the  cost  of  such  improvement 
or  bonds  and  the  interest  thereon.     Bonds    issued    under  ^""J^^^^^.^^^ 
this  sub-section  may  be  issued  by  the  Mayor  and  City  Council    b"   °"^^ 
of  said  city  by  ordinance,  and  the  provisions  of  Section >  31    ^^"^'"-""^^ 
and  34  of  this  Act  shall  not  apply  to  bonds  issued  under  this 
sub-section.     After  the  passage  of  any  ordinance  author- 
izing the  issuance  of  bonds  under  this  sub-section,  any  pro- 
ceeding authorizing  the  advertisement  or  sale  or  award  of 
the  bonds  may  be  had  by  order  or  resolution.     Any  such 
general  improvement  bonds  as  designated  in  this  vSection 


64  CHARTER 

may  be  issued  in  substantially  the  following  form,   or  in 
such  other  form  as  the  Mayor  and  City  Council  may  from 
Form  of  bonds,  time  to  time  prescribe.     Such  form  is  as  follows,  to- wit: 

UNITED  STATES  OF  AMERICA. 

STATE  OF  TENNESSEE. 

CITY  OF  NASHVILLE. 

GENERAL  IMPROVEMENT  BOND. 

NO SERIES $ 


The  City  of  Nashville,  a  municipal  corporation  organized 
and  existing  under  the  laws  of  the  State  of  Tennessee,  for 
value   received,    hereby    acknowledges   itself   indebted   and 

promises  to  pay  to  the  bearer  the  sum  of Dollars, 

in  lavrful  money  of  the  United  States,  on  the  first  day  of 

19 ,  with  interest  thereon  at  the  rate  of 

per  cent  per  annum,   payable  semi-annually,   on  the  first 

day  of and of  each  year  until 

this  bond  is  payed  upon  presentation  and  surrender  of 
the  annexed  coupons  as  they  severally  fall  due,  both  prin- 
cipal and  interest  being  payable  at  the  office  of  the  City 

in  Nashville,  Tennessee,  or  at  the  office 

of  in  ,   at  the  option 

of  the  holder.  This  bond  is  issued  under  and  in  pursuance 
of  and  in  strict  conformity  with  an  Act  of  the  General 

Assembly  of  the  State  of  Tennessee,  approved 19 , 

being  Chapter of  the  Acts  of  19 , 

and  other  statutes  and  the  Constitution  of  the  State  of 
Tennessee,  and  the  Charter  of  said  City  of  Nashville,  in 
such  cases  made  and  provided  and  under  and  pursuant  to 
ordinance  and  proceeding  of  said  city  duly  adopted  and  had 
to  provide  means  to  pay  not  exceeding  one-third  of  the  esti- 
mated cost  of  certain  street  improvements.  It  is  hereby 
certified,  recited,  and  declared  that  all  acts,  conditions 
and  things  required  to  be  done,  exist,  and  be  performed 
precedent  to  and  in  the  issuance  of  this  bond  in  order  to 
make  this  bond  a  legal,  valid  and  binding  obligation  of  the 
City  of  Nashville,  have  been  done,  existed,  and  been  per- 
formed, in  regular  and  due  time,  form  and  manner,  as  re- 
quired by  law,  and  that  the  indebtedness  represented  by 
this  bond  together  with  all  other  indebtedness  of  said  city, 
does  not  exceed  any  limit  prescribed  by  the  Constitution  or 
Statutes  of  said  State  or  the  Charter  of  said  city.  The  full 
faith  and  credit  of  the  City  of  Nashville  are  hereby  pledged 
to  the  prompt  payment  of  the  principal  and  interest  of 
this  bond  as  same  becomes  due.     In  witness  whereof,  the 

Mayor  of  the  City  of  Nashville,  and  City 

of  said  city  have  signed  this  bond  and  attached  the  seal  of  the 


CITY  OF  NASHVILLE  65 

city  and  caused  the  interest  coupons  hereto  attached  to  be 
signed  with   the  fac-simile  signatures  of  said   Mayor  and 

said  City -. ,  and  this  bond  to  be  dated  first 

dav  of  _.-.    ,   19... 

MAYOR. 
CITY. 
(FORM  OF  COUPON.) 

NO. $ 

ON  THE  FIRST  DAY  OF 19 , 

THE  CITY  OF  NASHVILLE,  TENN.,  WILL  PAY  TO 

THE  BEARER  AT  THE  OFFICE  OF  CITY 

IN   NASHVILLE,   TENN.,   OR  AT  THE  OFFICE  OF 

IN AT  THE  OPTION 

OF    THE    HOLDER    .  . DOLLARS,    BEING 

SIX  MONTHS  INTEREST  THEN  DUE  ON  GENERAL 
IMPROVEMENT  BOND  OF  SAID  CITY,  DATED  THE 

FIRST  DAY  OF  ,  19 

SERIES NO , 

MAYOR. 
CITY. 

19.  That  any  failure  on  the  part  of  said  city  to  comply  ^^g^^^Xcted 
with  any  of  the  various  sub-sections  of  this  section,  and  any  by  Error, 
failure  in  the  existence  or  performance  of  any  conditions 
precedent  to  the  issuance  of  any  such  general  improvement 
bonds  as  hereinabove  provided  and  authorized  to  be  issued 
by  the  preceding  sub-section  of  this  Section,  shall  not  affect 
the  validity  of  said  bonds  or  the  levy  of  tax  made  under 
authority  of  the  preceeding  sub-section  of  this  section  but 
the  same  shall  be  in  all  respects  valid  and  binding. 

Sec.  43.  Be  it  further  enacted,  That  there  shall  be  a  Police  Force. 
Police  Force  for  said  city,  which  shall  be  designated  as 
Metropolitan  Police  Force.  The  three  police  officers  who 
were  heretofore  transferred  to  the  Humane  Commission  and 
are  now  serving  as  Humane  Officers,  are  hereby  declared  to 
be  regular  members  of  the  Metropolitan  Police  Force  and  are 
subject  to  the  Civil  Service  and  Pension  provisions  of  this 
Act.  It  shall  be  its  duty  at  all  hours  of  the  day  and  night  to 
enforce  the  laws  of  the  State,  preserve  the  public  peace,  pre- 
vent and  detect  crime,  suppress  riots,  to  protect  the  rights  of 
persons  and  of  property,  to  guard  the  public  health,  to  pre- 
serve order  at  election,  to  see  that  nuisances  are  removed  or 
abated,  to  restrain  disorderly  houses,  gambling  houses,  and 
houses  of  ill  fame,  to  enforce  the  ordinances  of  the  city,  to 
assist,  advise  and  protect  travelers,  strangers  and  citizens 
while  in  the  city  or  upon  the  public  streets,  at  the  steamboat 
landings  or  railway  stations  and  on  public  conveyances,  and 
to  arrest  all  persons  violating  the  laws  of  the  State,  Federal 
Government  or  ordinances  of  the  city ;  they  shall  have  author- 
ity to  make  arrests  with  or  without  warrants  under  the  pro- 


66 


CHARTER 


Jurisdiction. 


Fire 
Department. 


Platoons. 


Vacation. 


Salaries. 


visions  of  the  law,  but  in  such  case  of  arrest  without  warrants, 
they  shall  within  a  reasonable  time  have  warrants  issued. 
The  officers  making  the  arrest  shall  at  once,  without  delay, 
report  the  arrest  and  the  alleged  cause  to  his  superior. 
The  members  of  the  Metropolitan  Police  Force  have  all  the 
common  law  and  statutory  powers  of  constables,  except  for 
the  service  of  Civil  process,  and  every  warrant  for  search  or 
arrest  or  subpoena  from  the  City  Court  or  other  municipal 
authority  may  be  executed  by  any  member  of  the  Metropol- 
itan Police  Force. 

Sec.  44.  Be  it  further  enacted,  That  there  shall  be  a  Fire 
Department  organized  and  equipped  as  may  be  provided 
by  the  proper  municipal  authorities,  which  Fire  Department 
shall  be  divided  into  tw^o  platoons,  one  for  the  day  and  one 
for  the  night,  each  to  be  on  service  not  to  exceed  twelve 
hours  per  day,  and  to  alternate  at  least  monthly  on  hotu's  of 
duty.  The  standard  legal  work  day  for  each  member  of  the 
Fire  Companies  shall  be  twelve  hours,  and  no  member  thereof 
shall  be  required  to  work  more  than  twelve  hours  per  day, 
except  in  case  of  emergency  and  in  that  case  every  member 
of  such  companies  shall  be  subject  to  duty  upon  call. 

Every  member  of  the  Fire  Department,  both  the  members 
of  the  company  and  other  members  not  associated  with  the 
companies,  shall  be  entitled  to  fifteen  days  annual  vacation 
without  deduction  of  pay,  and  the  time  of  which  vacation 
shall  be  designated  by  the  Chief  of  the  Fire  Department. 

Src.  45.  Be  it  further  enacted,  That  the  compensation  of 
the  members  of  the  Police  and  Fire  Departments  shall  be  as 
follows : 

POLICE  DEPARTMENT 

PER  ANNUM 

Chief  of  Police   . $4000  .00 

Chief  of  Detectives..-. $2750  .00 

Lieutenants $2400  .  00 

Sergeants $1800.00 

Detctives S1800.00 

Traffic  Officers.. $1620  .00 

Automobile  Defectives. $1620  00 

Wharf-Master. ...$1500  00 

Patrolmen $1500  00 

Operators $1500  00 

Sup't  Gamewell  System..... ..S1600  00 

Turnkevs .51500  00 

Patrol  Drivers .. .51320.00 

Clerks .51500  00 

Matron 5  960  00 

Porter  (to  be  for  one) 5  900. 00 

Porter  (to  be  for  one) 5  750. 00 


CITY  OF  XASHVILLE  67 

FIRE  DEPARTMENT 

PER  ANNUM 

Chief S4000  00 

Assistant  to  Chief $2750  00 

Captains  (except  Captains  who  act  as  Sec. 

to  Chief,  who  shall  receive  $60  .  00  per 

month  extra  for  his  services)  -  $1800.00 

Lieutenants. $1740  00 

Engineers .    $1740.00 

Assistant  Engineers.. $1680  00 

Pipemen  and  Laddermen $1500  00 

Supt.  Fire  Alarm $2400  00 

Asst.  Supt.  Fire  Alarm $1920.00 

Second  Asst.  Supt.  Fire  Alarm $1740  00 

Aid  to  Chief  Fire  Department $1620  00 

Sec.  46.  Be  it  further  enacted,  That  the  Chiefs  of  the  Police  civii  Service 
and  Fire  Departments,  and  all  members  of  said  Departments  ^^Phom  ^'^ 
except  the  chauffeurs,  patrol  drivers,  matrons  and  porters; 
and  that  likewise  the  Cily  Tax  Assessor;  Water  Tax 
Assessor;  employes  of  the  Lighting  Department  other 
than  the  day  laborer,  Cily  Clerk  and  Superinttndent  of 
Sanitation,  "City  Health  Office  and  the  Inspectors  and 
officers  of  the  Health  Department,"  "Superintendent 
of  the  Waterworks  Department ;  the  Clerk  and  Stenographer 
of  the  Superintendent;  Draughtsman;  Engineers  at  the 
City  Pumping  Station;  Foreman  of  Repairs  and  main- 
tenance Division;  Meter  Inspector;  Superintendent  of  the 
Reservoirs;  Supervisor  of  Buildings;  Electrical  Inspector; 
City  Engineer,  and  Superintendent  of  Streets,"  shall  be 
subject  to  the  jurisdiction  of  Civil  Service  but  may  be  either 
dismissed,  suspended  or  reduced  in  rank  by  a  judgment  of 
the  Board  of  Civil  Service  and  Pensions. 

Where  the  number  of  employees  under  Civil  Service  is 
reduced,  "The  head  of  the  department  in  which  such  em- 
ployes are  serving,"  may  designate  the  employe  or  em- 
ployes who  are  to  be  relieved  of  employment.  Civil  Service 
shall  not  be  invoked  to  the  impairment  of  efficiency  and 
economy  in  administration. 

(  As  amended  by  Chapt.  764,  Private  Acts  1921) 

Sec.  47.     Be  it  further  enacted.  That  the  streets,  avenues,  p„biic 
alleys,  highways,  and  public  squares  of  the  city  are  public    Property, 
property,  held  in  trust  for  public  use.     The  school  buildings, 
city  halls,  and  all  other  buildings  belonging  to  the  city  shall 
be  used  exclusivelv  and  alone  for  the  purpose  for  which  they 
are  set  apart  by  the  city,  and  none  other. 

Sec.  48.     Be  it  further  enacted,  That  there  shall  be  prepared  ^^-^  ^^ 
by  the  legal  department  of  the  City  of  Nashville  and  pub-    Prepared, 
lished  during  the  year  1922  a  Digest  of  all  the  ordinances 


68 


CHARTER 


Hospital 
Commis 


Appointment  of 


and  Resolutions  of  a  public  nature  then  in  force,  and  said 
digest  shall  be  revised  and  republished  once  in  every  five 
years  thereafter. 

Sec.  49.  Be  it  further  enacted,  That  there  shall  be  a  Board 
to  be  known  as  the  "Board  of  Hospital  Commissioners," 
which  shall  consist  of  seven  (7)  members  to  be  appointed 
by  the  Mayor,  and  who  shall  at  the  time  of  their  appoint- 
ment have  been  citizens  of  Davidson  County,  Tennessee, 
for  at  least  five  years,  and  four  members  of  which  shall  be 
duly  qualified,  competent  and  licensed  physicians  or  surgeons 
of  Davidson  County.  Promptly  after  the  passage  and 
approval  of  this  Act,  the  first  members  of  said  Board  shall 
be  appointed  by  the  Mayor,  two  for  a  term  of  two  years, 
Terms  of  ofTico.  two  for  a  term  of  four  years,  and  three  for  a  term  of  six  years, 
and  until  their  successors  are  appointed  and  qualified,  the 
respective  terms  of  each  of  said  members  shall  be  designated 
by  the  Mayor  at  the  time  he  is  appointed.  The  date  of  the 
appointment  of  the  first  Board  shall  be  the  date  from  which 
the  terms  of  the  members  shall  be  computed.  In  the  event 
of  a  vacancy,  the  Mayor  shall  appoint  some  one  to  fill  the 
vacancy  for  the  unexpired  term.  Before  entering  upon  the 
performance  of  their  duties,  each  member  of  the  said  Board 
shall  take  and  subscribe  to  an  oath  that  he  will  support  the 
Constitutions  of  the  United  States  and  of  the  State  of  Ten- 
nessee, and  will  faithfully  strive  to  obey  and  carry  into  effect 
the  duties  imposed  upon  him  by  the  law.  Each  member 
of  said  Board  shall  likewise  execute  a  bond  in  the  sum  of 
Five  thousand  Dollars,  to  be  approved  by  the  Mayor,  pay- 
able to  said  city  and  conditioned  that  he  will  faithfully  per- 
form the  duties  imposed  upon  him  by  law ;  he  shall  receive  no 
compensation  for  any  services  whatsoever  performed  by  him 
as  such  Commissioner.  Said  Board  shall  organize  by  elect- 
ing a  Chairman  and  Secretary,  who  shall  hold  their  offices 
for  such  time  as  said  Board  by  resolution  may  prescribe. 
Four  members  of  said  Board  shall  constitute  a  quorum  for 
the  transaction  of  business,  and  it  shall  hold  its  meetings 
at  the  City  Hospital  at  least  once  each  week  at  a  time  to  be 
fixed  by  it,  and  it  may  be  called  to  meet  at  other  times  by 
the  Chairman  upon  notice  of  such  special  meeting  given  to 
each  member.  Said  Board  shall  have  direct  charge  over 
the  City  Hospital  and  any  other  hospitals  that  may  be  owned 
or  operated  by  the  city.  It  shall  be  the  duty  of  the  Board, 
and  it  is  given  power,  to  make  all  rules  and  regulations  for 
the  organization  of  said  Board  and  for  the  administration 
and  control  of  such  hospital  as  may  be  under  its  jurisdiction. 
Said  Board  shall  immediately  elect  the  Hospital  administra- 
tor for  each  hospital,  and  shall  fix  his  compensation.  The 
Hospital  Administrator  may  be  either  a  medical  or  non- 
medical  man,   as   the  Board  mav  determine,  and    he    shall 


Oath. 


Bond. 


Compensation. 


Organization. 


Duties. 


Hospital 

Administrator 


CITY  OF  NASHVIIXE  69 

hold  office  during  the  pleasure  of  the  Board.  He  shall 
be  in  charge  of  the  Hospital  to  which  he  is  assigned,  subject 
to  the  direction  and  control  of  the  Board  and  under  such 
rules  and  regulations  as  it  may  from  time  to  time  fix.  The 
Board  or  the  Hospital  Administrator,  in  the  event  the  Board 
by  written  resolution  delegates  to  him  the  authority  shall 
have  power  to  employ  or  appoint  such  medical  attendants,  Medical 
including  physicians,  surgeons,  nurses,  internes,  and  other  -^"endants. 
necessary  hospital  and  medical  employees  as  to  said  Board 
or  Hospital  administrator  may  be  deemed  necessarv  for 
the  economical  and  proper  conduct  of  said  Hospital.  But 
the  compensation  for  all  such  medical  employees  shall  be  fixed 
and  prescribed  by  said  Board,  in  the  event  it  shall  determine 
to  provide  compensation  for  such  medical  employees,  all 
non-medical  employees  shall  be  employed  by  the  Hospital 
Administrator,  subject  to  the  approval  of  the  Board,  but 
their  compensation  shall  be  fixed  by  the  Board.  The  Board 
is  authorized  under  such  rules  as  it  may  fix,  to  afford  clinical  ciinicai 
privileges  at  said  hospital  to  the  students  of  any  medical  '""'^'^s^- 
school  of  the  city,  members  of  the  medical  faculty  of  which 
are  members  of  the  hospital  staff,  as  provided.  It  is  hereby 
made  the  duty  of  the  Board  to  provide  for  a  hospital  staff  8^^"* 
of  competent  and  licensed  physicians  and  surgeons  of  David- 
son County,  Tennessee.  The  number  of  members  of  which 
and  their  terms  of  service  and  duties  shall  be  prescribed  by 
rules  promulgated  and  established  by  said  Board. 

But  it  shall  be  the  duty  of  said  Board  to  give  representation 
on  said  hospital  staff  to  physicians  and  surgeons  other  than 
those  who  are  members  of  the  teaching  faculties  of  any 
medical  school  of  the  city  which  has  clinical  privileges  for 
its  students  at  said  hospital,  the  number  of  such  staff  mem- 
bers and  their  terms  of  service  to  be  fixed  by  resolution  of 
the  Board.  However,  the  Board  shall  give  as  nearly  equally 
bona-fide  representation  on  said  staff  to  members  who  are 
not  teachers  of  any  medical  school  as  may  be  consistent 
with  the  proper  administration  of  said  hospital.  It  shall 
be  the  duty  of  the  hospital  administrator  to  make  written  Reports, 
reports  to  said  Board  as  said  Board  may  require.  It  shall 
be  the  duty  of  said  Board  to  make  monthly  detailed  reports, 
including  the  expenses  of  the  hospital,  to  the  Mayor  of  said 
city,  and  for  failure  to  do  so  the  members  of  said  Board  may 
be  removed  from  office  by  the  Mayor.  All  money  collected  ^^.^.p^u  fr 
from  patients  at  the  hospital,  or  clinical  fees  which  may  be  Hospital, 
provided  for  by  said  Board,  and  all  other  revenues  derived 
from  the  operation  of  the  hospital  shall  be  paid  to  the  City 
Treasurer,  who  shall  keep  such  fimd  separate  from  the 
other  revenues  of  the  city  and  to  the  credit  of  the  Hospital 
Department.  Said  money  so  collected  shall  be  used  for  the 
maintenance  of  the  hospital  in  addition  to  the  amount  set 
aside  in  the  yearly  budget  for  hospital  purposes.     The  City 


CHARTER 


Budget . 


Expenditures. 


$150.00  or 
under. 


$.^00.00  or 
more. 


Jiospitai  Ta.x.  Council  is  hereby  authorized  to  include  in  the  anruial  levy 
of  taxes  a  special  hospital  tax  of  one-third  of  one  mill  on 
each  dollar's  worth  of  property  assessed  for  City  Taxation, 
and  the  money  thus  levied  shall  constitute  a  special  fund 
with  which  to  operate  the  affairs  of  the  hospital,  as  provided 
by  this  Act.  The  City  Council  shall  have  the  power  to 
include  in  the  yearly  budget  money  over  and  above  that 
realized  from  the  special  tax  here  authorized,  and  to  appro- 
priate such  surplus  money  for  the  conduct  of  such  hospital. 
The  Board  shall  have  exclusive  authority  to  make  all  ex- 
penditures out  of  the  money  thus  appropriated,  and  such 
expenditures  shall  be  made  upon  vouchers  signed  by  the 
Chairman  of  the  Board,  which  shall  be  paid  by  the  City 
Treasurer,  and  charged  to  the  hospital  department;  how- 
ever, the  Board,  if  it  so  elects,  is  authorized  by  resolution 
to  empower  the  hospital  administrator  to  make  such  expend- 
iture for  the  hospital  not  to  exceed  the  sum  of  One  Hundred 
and  Fifty  Dollars,  and  a  detailed  account  of  such  expendi- 
ture, if  made,  shall  be  furnished  by  him  to  said  Board,  at 
its  regular  weekly  meeting.  If  any  expenditures  shall  in  the 
aggregate  amount  to  Five  Hundred  Dollars,  or  more,  before 
making  such  expenditure  the  Board  must  obtain  the  consent 
of  the  City  Council  by  a  resolution,  and  any  expenditure  in 
excess  of  Five  Hundred  Dollars,  or  any  liability  or  contract 
for  expenditure,  unless  made  as  herein  provided,  shall  be 
illegal,  is  prohibited,  and  is  not  binding  upon  the  Board; 
and  if  any  such  sum  in  excess  of  Five  Hundred  Dollars  has 
been  expended  by  said  Board  thus  illegally,  the  same  may  be 
recovered  from  the  person  receiving  it  by  an  action  instituted 
by  the  city,  or  if  the  same  cannot  be  recovered  from  the  per- 
son receiving  it,  then  the  members  of  the  Board  assenting 
to  such  expenditure  shall  be  liable  on  their  official  bonds 
to  the  City. 

Sec.  50.  Be  it  further  enacted,  That  there  shall  be  a  Board 
of  Education  composed  of  nine  members  who  shall  have  been 
bona-fide  residents  of  t  he  territory  embraced  within  the  coj  po- 
rate  limits  of  said  city,  at  least  five  years  immediately  preceding 
their  election,  and  who  shall  not  be  less  than  thirty  years  of 
age,  and  who  shall  serve  without  compensation.  The  mem- 
bers of  the  Board  of  Education  now  serving  in  such  capacity 
shall  continue  to  serve  as  follows:  The  term  of  those  three 
Term  of  Office.  (3)  w^ho  have  already  served  the  longest  shall  expire  December 
31st,  1921;  the  term  of  the  three  (3)  who  have  served  the 
next  longest  time  on  this  Board  shall  expire  December  31st, 
1922;  and  the  term  of  the  three  (3)  members  of  this  Board 
having  served  the  shortest  time  shall  expire  December  1st, 
1923;  and  thereafter  the  members  of  the  Board  shall  hold 
office  for  three  (3)  years  from  the  date  of  their  appointment 
or  until  their  successors  are  appointed  and  qualified;  and 


Board  of 
Education 


CITY  OF  NASHVILLE  71 

before  entering  on  the  duties  of  his  office,  each  member  of 
said  Board  shall  take  and  subscribe  to  the  following  oath: 
"I  do  solemnly  swear  that  I  will  support  the  Constitutions oath. 
of  the  United  States  and  of  Tennessee,  and  that  I  will  faith- 
fully and  impartially  discharge  the  duties  of  this  office,  and 
that  the  only  considerations  that  shall  influence  me  in  the 
selection  of  teachers  and  other  employes  of  the  Department 
shall  be  their  fitness  for  the  position  and  the  welfare  of  the 
city;  and  I  am  in  favor  of  the  public  school  system." 

The  members  of  the  Board  of  Education  shall  be  appointed  rSayor.  ^ 
by  the  Mayor  and  he  shall  fill  all  vacancies  for  the  unexpired 
term.  The  Board  of  Education  shall  select  from  its  number  organization  of 
a  Chairman,  who  shall  preside  at  all  meetings  of  said  Board, 
and  five  (5)  members  of  said  Board  shall  constitute  a  quorum 
for  the  transaction  of  all  business.  The  Board  of  Education 
of  said  city  is  hereby  authorized  and  empowered  to  adopt 
rules  and  regulations  for  the  government  of  the  public  schools 
of  said  city,  including  plans  of  instruction  and  organization, 
the  power  to  employ  all  persons  necessary  for  the  proper 
conduct  of  the  public  schools,  such  persons  need  not  be  res- 
idents of  the  City  of  Nashville,  and  to  fix  their  salaries  and 
compensation,  but  between  limits  to  be  prescribed  by  or- 
dinance duly  enacted  by  the  City  Council  of  th?  said  city,  to 
provide  group  insurance  on  its  employes  not  exceeding  ^"surance  on 
$250  00  on  each  person  insured,  and  to  make  all  expend- 
itures within  their  budget  that  shall  cost  less  than  Five  Hun- 
dred ($500)  Dollars  for  any  single  expenditure  but  in  all  cases 
where  the  estimated  cost  of  any  single  expenditure,  except  sala- 
ries, exceeds  Five  Hundred  ($500)  Dollars  it  shall  transmit  to 
the  City  Council  of  said  City,  wi'h  its  recommendations, 
an  ordinance  to  authorize  such  expenditures,  with  an  estimate 
of  the  cost;  provided,  however,  that  all  rules  and  regulations 
adopted  and  promulgated  by  said  Board  of  Education  for 
the  government  and  control  of  the  public  schools  of  said  city 
shall,  before  becoming  cfifective,  be  submitted  to  the  City 
Council  and  approved  by  them,  and  no  alteration  or  change 
shall  be  made  in  such  rules  and  regulations  after  approval 
by  the  City  Council,  unless  the  consent  of  that  body  is  first 
had  and  obtained. 

The  share  of  the  State  and  County  School  fund  to  which  School  Fund. 
:he  citizens  of  said  city  are  entitled  shall  be  paid  over  by 
the  County  Trustee  into  the  City  Treasury,  to  be  u.sed  for 
the  public  school  system  of  said  city  and  for  no  other  purpose. 
That  it  shall  be  the  duty  of  the  Board  of  Education  of  the 
City  of  Nashville  to  install  and  establish  for  the  public  schools 
of  said  City  of  Nashville  a  system  whereby  text  books  for  Free  Text 
the  use  of  all  pupils  in  said  public  schools  of  such  city  shall      *^  ^' 
be  provided  for  by  the  City  Board  of  Education  and  shall  be 
furnished  free  of  charge  to  all  of  the  pupils  attending  the 
public  schools  of  said  city. 


72 


CHARTER 


Physical 
Examination 


Pension 
Provisions. 


Rules  and 
Regulations. 


Amount  of 
pensions. 


Limit  on 
Amount 
expended 


Special  tax  for 
pension. 


The  Board  of  Education  shall  require  of  all  teachers  in  its 
employ  to  present  a  certificate  from  the  proper  City  Health 
Officer  to  the  effect  that  such  teacher  is  not  afflicted  with  any 
contagious  diseases,  and  is  otherwise  physically  able  to  dis- 
charge the  duties  required;  such  certificate  to  be  presented 
once  during  each  scholastic  year,  at  such  time  as  the  Board 
of  Education  shall  determine.  That  the  Board  of  Education 
is  made  and  designated  for  the  pension  purposes  herein 
enacted  "The  Board  of  Public  School  Pension  Commission- 
ers." That  the  following  employes  of  the  Board  of  Ed- 
ucation of  such  City  shall  be  entitled  to  a  pension  under  this 
Act,  to  wit: 

(1)  Such  employes  of  the  said  Board  of  Education  as 
shall  have  served  in  the  Nashville  Public  Schools  for  a  period 
of  forty  (40)  years,  and  who  shall  be  sixty-five  (65)  years  of 
age,  and  who  shall  have  complied  with  the  rules,  ordinances 
and  regulations  governing  the  public  school  system  of  said 
city. 

(2)  That  the  said  Board  is  hereby  vested  with  the  power 
and  authority  to  pension  any  of  its  said  employes  who  shall 
have  served  in  the  Nashville  Public  Schools  for  a  period 
of  twenty-five  (25)  years,  and  in  the  judgment  and  discretion 
of  the  said  Board  of  Commissioners  may  no  longer  be  able 
to  efficiently  discharge  the  duties  of  his  or  her  position. 

(3)  That  subject  to  the  approval  and  ratification  of  the 
City  Council,  said  Board  is  hereby  vested  with  power  and 
authority  to  make  all  the  necessary  rules  and  regulations 
for  the  purposes  of  carrying  out  the  provisions  of  this  Act 
and  to  accomplish  the  object  and  purpose  thereof.  The 
amount  of  pensions  to  be  paid  to  any  person  entitled  thereto 
under  this  Act  shall  be  an  amount  equal  to  the  pay  of  a 
beginning  teacher;  that  is  to  say,  an  amount  which  is  equal 
to  the  lowest  amount  paid  to  any  regularly  employed  teacher, 
whether  cadet  teacher,  or  teacher  in  training  or  any  other 
class  doing  the  lowest  paid  work  in  teaching  as  set  out  in 
the  scale  of  salaries  then  in  effect.  Provided,  however,  that 
such  pension  of  any  person  at  the  time  of  being  placed  upon 
the  pension  list  shall  not  exceed  one-half  of  the  salar}-  drawn 
as  regular  employee  at  the  time  of  retirement;  and  further 
provided,  that  all  such  pensions  shall  vary  proportionate 
amount  from  time  to  time  as  there  may  be  a  variance  of  pay 
to  the  beginning  teacher  as  above  defined  and  such  pension 
shall  cease  at  the  time  of  the  death  of  the  employe  to  w^hom 
it  was  awarded;  and  provided,  further,  that  the  total  amount 
expended  for  pensions  under  this  Act  shall  not  in  any  one 
(1)  year  be  an  amount  in  excess  of  the  equivalent  of  one- 
tenth  (1-10)  of  one  (1)  mill  on  the  basis  of  the  taxes  assessed 
by  said  city  for  the  proceeding  year.  For  the  purpose  of 
carr}dng  out  the  provisions  of  this  section,  the  City  Council 
shall  include  in  the  regular  annual  tax  levy  a  special  tax 


CITY  OF  NASHVILLE  73 

over  and  above  all  other  taxes  authorized  by  law  not  exceed- 
ing one-tenth  of  one  mill,  which  tax  when  levied  and  collected 
shall  be  placed  to  the  credit  of  a  fund  to  be  designated  "Public 
School  Teachers  Pension  Fund,"'  and  which  fund  shall  be 
used  solely  for  paying  the  pensions  and  group  insurance 
as  herein  authorized. 

Sec.  51.     Be  it  further  enacted,  That  there  shall  be  a  Hu- Humane 
mane  Commission,   composed  of  five  members,   who  shall    ^Yv™"*^'"" 
have  been  bona-fide  residents  of  said  city  at  least  three  years    members, 
prior  to  their  election  and  qualification,  and  who  shall  serve 
without  compensation,  such  members  shall  be  at  least  thirty 
vears  of  age      The  term  of  their  office  sliall  be  confirmed  at  oh^  Term  of  office. 
time,  and  three  at  another.     Of  the  members  of  the  first  Board 
under  this  Act,  the  Mayor  shall  designate  two  to  serve  for 
two  vears  and  three  to  serve  for  four  years  from  November 
1,1921. 

The  Humane  Commission  shall  choose  a  Chairman  and  organization 
Secretary  and  have  power  to  make  rules  and  regulations  for 
its  government,  subject  to  approval  by  the  City  Council. 
It  shall  be  the  duty  of  said  Board  to  execute  all  laws  and  outies. 
ordinances  for  the  purpose  of  prohibiting  and  restraining 
cruelty  and  inhuman  treatment  of  children  and  of  animals; 
said  Humane  Commission  shall  have  power  to  employ  such  Hmpioyees. 
number  of  persons  as  it  may  deem  necessar\-  for  the  enforce- 
ment of  ordinances,  laws  and  measures  within  its  jurisdiction; 
such  Humane  Officers  shall  be  vested  with  police  powers. 
Said  Humane  Commission  shall  have  power  to  fix  the  com- 
pensation of  its  employes,  subject  to  approval  by  the  Mayor. 
All  money  derived  from  fines  assessed  on  convictions  for  f»"^*- 
violation  of  ordinances,  by-laws  and  measures  for  the  pre- 
venting of  cruelty  and  inhuman  treatment  to  children  and 
animals  shall  be  carried  into  the  City  Treasury,  and  paid 
to  the  Humane  Commission,  and  need  not  be  appropriated 
in  the  annual  budget. 

The  title  of  all  property  acquired  by  said  Humane  Com-  ^'p^o^t  • 
mission  in  any  way  shall  vest  in  the  City  of  Nashville;  but 
it  shall  remain  under  the  control  of  said  Board.  The  City 
Council  may  provide  by  a  tax  levy  for  the  meeting  of  the  .j.^^  ^^,^ 
financial  needs  of  said  Board,  and  raising  revenue  for  such 
purpose  is  hereby  declared  to  be  an  extraordinary  purpose 
within  the  meaning  of  this  Act,  when  such  levy  is  expressly 
designated  to  be  made  for  the  purpose  of  said  Humane 
Commission. 

No  money  shall  be  drawn  from  the  fund  herein  provided  Rxpenditur«s 
for  the  Humane  Commission  except  on  voucher  drawn  on 
said  fund  and  signed  by  the  Chairman  of  said  Board  and  the 
Secretary  thereof;  all  expenditures  exceeding  Five  Hundred 
Dollars  shall  only  be  made  upon  approval  by  resolution  of 
the  Citv  Council. 


74 


CHARTER 


Reports. 


Park 
Commis- 
sioners. 


Compensation. 


Oath. 


Organization. 


Secretars- , 


Property 
Acquired. 


It  shall  be  the  duty  of  the  Humane  Commission  to  make 
quarterly  reports  to  the  Mayor,  which  shall  contain  a  detailed 
full  account  of  all  its  Acts  and  doings,  with  its  recommenda- 
tions for  the  enactment  of  such  further  provisions  as  will 
further  advance  the  purposes  for  which  the  Humane  Com- 
mission is  created.  The  live  members  comprising  the  Hu- 
mane Commission  at  the  time  this  Act  becomes  effective 
shall  compose  the  first  Board  of  Humane  Commissioners, 
and  they  shall  hold  said  office  until  Nov.  1st,  1921,  or  until 
their  successors  are  elected  and  qualified. 

Sec.  52.     Be  it  further  enacted,  That: 

(1)  There  shall  be  a  Board  of  Park  Commissioners  of 
the  City  of  Nashville,  composed  of  five  members  who  shall 
have  been  bona-fide  residents  and  citizens  of  the  territory 
embraced  in  said  city  for  at  least  three  years  prior  thereto, 
and  their  term  of  office  shall  be  five  years  from  the  first 
day  of  May  of  the  year  in  which  they  are  severally  elected, 
or  until  their  successors  are  elected  and  qualified;  and  upon 
a  vacancy  occurring,  it  shall  be  filled  by  the  remaining  mem- 
bers of  said  Board,  subject  to  the  approval  of  the  City  Coun- 
cil of  said  city;  provided,  that  the  persons  who  constitute 
the  present  Board  of  Park  Commissioners  are  hereby  made 
the  first  Board  of  Park  Commissioners  under  this  Act.  and 
they  shall  severally  hold  for  the  terms  for  which  they  were 
elected.  Any  vacancy  during  a  term  shall  be  filled  only 
for  the  unexpired  term. 

(2)  The  members  of  said  Board  shall  devote  such  tim^ 
and  attention  to  the  duties  of  their  office  as  the  efficient 
performance  thereof  may  demand  and  require,  and  their 
service  shall  be  without  compensation.  Each  member 
appointed  to  serve  upon  said  Board,  before  proceeding 
upon  the  duties  of  his  office,  shall  qualify  by  taking  and 
subscribing  the  following  oath:  "I  do  solemnly  swear  that 
I  will  support  the  Constitutions  of  the  United  States  and  of 
the  State  of  Tennessee,  and  will  faithfully  and  impartially 
perform  the  duties  of  this  office,  so  help  me  God." 

(3)  The  members  of  said  Board  may  immediately  upon 
their  appointment  and  qualification  organize,  by  electing 
one  of  their  members  as  Chairman,  and  by  the  election  of  a 
Secretar}'  who  need  not,  however,  be  a  member  of  the  Board. 
The  term  of  Chairman  and  Secretary'  shall  be  one  year  each; 
but  they  may  be  re-elected  any  number  of  successive  terms. 
The  salary  of  the  Secretary  shall  be  fixed  by  said  Board,  and 
his  duties  prescribed  by  it. 

(4)  Whenever  in  the  opinion  of  said  Board,  property 
within  or  near  said  city  may  be  acquired  by  it  by  purchase 
or  by  condemnation,  as  provided  under  Section  (8)  of  this 
Act,  it  shall  be  authorized  to  establish  parks  in  such  local- 
ities as  it  mav  deem  for  the  best  interests  of  the  citv.     The 


CITY  OF  NASHVILLE  75 

title  to  all  property  acquired  for  park  purposes  in  any  manner  ^-^^^ 
shall  vest  in  the  City  of  Nashville.  The  title  to  property  taken-how. 
acquired  by  said  Board,  where  there  are  deferred  unpaid 
payments  shall  remain  in  the  name  of  the  Chairman  of  the 
Board  of  Park  Commissioners,  as  trustee,  until  the  same  is 
fully  paid  for,  in  which  event  it  shall  be  vested  in  the  City 
of  Nashville;  the  general  credit  of  the  City  of  Nashville,  and 
the  City  of  Nashville  shall  in  no  wise  be  responsible  for 
any  portion  of  the  purchase  money  agreed  to  be  paid  there- 
for, except  as  it  may  by  ordinance  agree  and  provide  when 
enacted  by  the  City  Council. 

The  Board  of  Park  Commissioners  shall  have  full  power 
to  purchase  any  land  deemed  by  them  suitable  for  Park 
purposes,  and  take  fee  simple  title  thereto,  and  to  execute 
notes  or  bonds  therefor,  with  interest,  payable  as  may  be 
provided,  maturing  at  such  times  as  may  be  agreed  upon, 
signed  by  the  Chairman  and  Secretary  of  said  Board  and 
to  secure  the  purchase  money  for  the  same  to  execute  mort- 
gage or  vendor's  lien  upon  the  property  purchased,  and  may 
sell  any  portion  thereof  not  needed  for  Park  purposes  and 
pass  the  fee  simple  title  thereto,  by  the  direction  and  author- 
ity of  the  majority  of  the  Board  of  Park  Commissioners; 
it  may  apply  the  proceeds  of  the  sale  of  any  property  to  the 
payment  of  any  mortgage  or  vendor's  lien  or  other  indebted- 
ness. 

(5)     Said  Board  of  Park  Commissioners  shall  have  thecareand 
care,   management  and  custody  of  all  parks  and  grounds    pro^y°' 
used  for  park  purposes,  and  all  such  property  as  may  here- 
after be  acquired  for  park  purposes  by  said  Board  of  Park 
Commissioners.     The  City  Board  of  Park   Commissioners  Q^ft^  ^^jj 
shall  have  the  power  to  receive  gifts,  donations  or  devises    Donations, 
of  lands,  or  may  accept  other  property  for  Park  purposes; 
to  lay  out  and  improve  walks,  drives,  roads,  tree  planting, 
and  other  improvements  to  parks,  to  con.struct  ornamental  improvements, 
buildings  and  other  buildings  necessary  for  same,  and  enter 
into  all  contracts  to  provide  and  maintain  the  same;  to  pro- 
vide and  maintain  art  exhibits  and  to  promote  the  interest  Art  Exhibits, 
of  the  fine  arts  in  the  City  of  Nashville ;  to  protect  all  property 
and  improvements  belonging  to  or  pertaining  to  parks  or 
under  its  management  or  control;  to  adopt  rules,  ordinances  R"!" and 
and  regulations  for  the  proper  and  reasonable  use  thereof,    j^overa"*^^^  ° 
and  to  preserve  the  properties  thereof  from  injury  or  other- 
wise; to  prevent  disorder  and  improper  conduct  within  the 
precincts   of  the   parks,   and   provide   pimishment   therefor 
or  for  the  infraction  of  the  rules  of  the  park  Board ;  the  police 
power  of  the  city  is  extended  over  the  parks,  both  within 
and  adjacent  to  the  city,  and  all    violations  of  such  rules 
and  regulations  may  be  enforced  by  the  Metropolitan  Police 
Force,  and  all  violations  of  the  ordinances  and  regulations 
of  the  Board  of  Park  Commissioners  may  be  punished  as  all 


76 


CHARTER 


City  Court. 


Park  Police. 


Employees. 


Art 
Commission. 


Budget. 


Special  Levy. 


Expenditures. 


Other  misdemeanors  and  offenses  .against  the  city,  by  the 
Judge  of  the  City  Court;  that  such  violation  may  be  punished 
by  a  fine  of  not  more  than  Fifty  Dollars,  and  in  default  of 
the  payment  of  the  same,  confinement  in  the  City  Work- 
house, but  in  no  instance  exceeding  three  months  for  any 
one  offense.  The  Board  of  Park  Commissioners  shall  have 
power  and  authority  to  appoint  and  maintain  a  park  police 
for  the  maintainance  of  order  in  and  the  preservation  of 
park  property  and  vi^ho  shall  have  power  to  make  arrest  for 
misdemeanors  committed  within  any  park  and  for  the  viola- 
tion of  park  rules  and  regulations. 

(6)  The  Board  of  Park  Commissioners  shall  have  ex- 
clusive power  to  employ  and  pay  such  superintendents, 
employes  and  other  persons  as  it  may  deem  necessary  for 
maintaining,  improving  and  controlling  said  parks,  and 
shall  have  authority  to  make  any  other  expenditure  for  park 
purposes  within  its  funds,  and  its  powers  as  herein  defined; 
the  Board  of  Park  Commissioners  may  appoint  a  Commission 
or  sub-board,  without  pay,  composed  of  three  members, 
who  shall  have  charge  of  the  Art  exhibits  and  Art  interests 
of  said  city,  and  that  said  Board  shall  be  appointed  by  the 
Board  of  Park  Commissioners  for  such  term  or  terms  as 
the  Park  Board  may  provide. 

The  Board  of  Park  Commissioners  shall  each  year,  prior 
to  the  making  of  the  annual  levy  of  taxes  by  the  Mayor 
and  City  Council,  prepare  and  submit  to  the  Mayor  an 
estimate  of  the  amount  of  money  which  shall  be  required 
for  the  purchase,  maintenance  and  improvement  of  park 
property  for  the  succeeding  year  beginning  January  1st, 
which  estimated  budget  shall  set  forth  the  items  of  expense 
as  accurately  as  possible.  This  budget  shall  not  be  included 
in  the  annual  municipal  budget,  however,  it  shall  be  the 
duty  of  the  City  Council  of  said  City,  in  its  annual  levy  of 
taxes,  to  make  such  special  levy  for  park  purposes  separate 
and  distinct  from  its  levy  for  ordinary  municipal  purposes, 
at  a  tax  rate  of  not  less  than  ten  cents  on  the  one  hundred 
dollars  of  the  value  for  assessment  within  said  city,  as  shall 
be  necessary,  to  meet  the  expenditures  contemplated  in  said 
estimate  of  the  Board  of  Park  Commissioners ;  the  amount  so 
levied  shall  be  collected  and  carried  to  the  credit  of  the 
Board  of  Park  Commissioners,  and  shall  not  be  diverted 
therefrom,  and  the  same  shall  remain  a  separate  and  dis- 
tinct park  fund  in  the  hands  of  the  City  Treasurer.  All 
expenditures  on  account  of  this  fund  shall  be  made  upon 
vouchers  and  approved  by  the  Park  Commissioners,  through 
its  Chairman  and  Secretary,  which  vouchers  shall,  when 
accompanied  by  detailed  statements  of  such  expenditures, 
be  payable  on  presentation  to  the  revenue  office  of  said  city. 
All  funds  arising  from  any  source  shall  be  devoted  to  or  used 
for  the   purchase,   maintenance   and   betterment   of  public 


CITY  OF  NASHVILLE  77 

parks  under  or  controlled  by  said  city  shall  be  paid  from 
time  to  time  to  the  City  Treasurer  and  a  separate  account 
kept  thereof,  and  said  Board  shall  from  time  to  time  be 
authorized  to  draw  upon  said  funds  which  shall  be  paid  there- 
from as  long  as  there  is  a  balance  to  the  credit  of  said  account 
of  Public  Parks. 

(7)  The  Board  of  Park  Commissioners  shall  keep  accurate  Records,  books 
records,  books  and  accounts,  and  shall  make  a  report  to  the    ''"^ '■«p°'^^- 
Mayor  of  said  city  during  the  month  of  December  of  each 

year,  showing  the  amounts  received,  from  what  sources,  how 
expended,  with  such  explanations  and  recommendations 
as  may  be  deemed  to  be  to  the  best  interest  of  the  public 
parks.  Such  books  shall  be  open  to  inspection  and  exam- 
ination by  any  accountant  or  auditor  of  the  City  of  Nashville. 

(8)  The  term  "park  property"  as  used  in  this  Act,  shall    ^operty." 
include  all  parks  and  areas  of  land  within  the  management 

of  said  Board  of  Park  Commissioners,  and  all  buildings, 
structures  and  improvements,  thereon  of  every  kind  and 
character  whatever. 

Sec.  53.     Be  it  further  enacted,  That: 

(1)  The  City  of  Nashville  is  hereby  granted  the  power  Transportation 
to  foster  and  provide  transportation  facilities  for  itself  and    f^"^'*'^ 
its  people  by  building,  accjuiring,  holding,  owning,  leasing, 

or  selling  any  railroad,  railroads,  or  transportation  facilities, 
or  by  acquiring,  owning  or  selling  the  entire  issue  of  any 
first  mortgage  or  prior  lien  bonds  on  any  railroad. 

(2)  That  (1)  A.  E.  Potter;  (2)  Humphrev  A.   Hardision ;  Hoard  of 
(3)  M.  E.  Derrvberrv;  (4)  Percv  Warner;  (5)  William  Nelson;    tTon""^"" 
(6)  Chas.  S.  Martin;  (7)  T.  F.  Bonn.r;  (8)  B.  E-  McCarthy;    Trustees. 
(9)  Joe  Frank;  (10)  W.  Louis  Davis;  (11)  R.  M.  Dudley; 

(12)  A.  B.  Ransom;  (13)  Johnson  Bransford;  (14)  C.  A. 
Craig;  (15)  Paul  Roberts;  (16)  Brown  Buford;  (17)  Vance 
Alexander;  (18)  David  Hanley;  (19)  Arthur  J.  Dyer;  (20) 
M.  T.  Bryan;  (21)  J.  P.  Harvill,  citizens  and  residents  of 
Davidson  County,  Tennessee,  are  hereby  designated  and 
constituted  as  a  Board  or  agency  of  said  City  of  Nashville 
to  be  called  "The  Board  of  Transportation  Trustees  for 
Nashville." 

(3)  That  no  person  shall  be  eligible  to  membership  on  Qualifications, 
said  Board  of  Transportation  Trustees  for  Nashville  who 

is  an  officer,  director,  employe.'  or  agent  of  any  operating 
transportation  company  or  any  operating  subsidiary  of  any 
such  operating  company,  nor  shall  any  office  holder  receiving 
compensation  in  the  municipality  of  Nashville,  or  Davidson 
County  or  State  of  Tennessee,  nor  any  applicant  or  candidate 
for  such  office,   be  eligible  to  memljership   in   said   Board. 

(4)  That    said    Board    of    Transportation    Trustees    for  ^'"n^^r/^ 
Nashville  shall  in  the  first  instance  have  exclusive  charge 

and  supervision  for  said  city  of  fostering,  maintaining,  acquir- 


78  CHARTER 

ing,  owning,  leasing,  or  selling  any  railroad  or  railroads  or 
other  transportation  facilities  and  of  acquiring  the  entire 
issue  of  any  first  mortgage  or  prior  lien  bonds  on  any  railroad 
or  railroads  now  serving  Nashville,  and  shall  in  the  first 
instance  perform  all  acts,  conduct  all  negotiations  and  make 
all  tentative  agreements  and  contracts  which  said  Board 
may  deem  necessary  or  proper  to  enable  said  city  to  foster 
and  provide  transportation  facilities  for  itself  and  its  people , 
provided,  such  facilities  relate  to  extra  or  interstate  trans- 
portation by  river  or  by  rail. 

^da^tolTsTo  (5)     That  whenever  said  Board  of  Transportation  Trustees 

City  Council,  for  Nashvillc  shall  have  taken  any  action  authorized  by'^ 
this  Act,  it  shall  make  recommendations  to  the  City  Council 
of  said  city,  transmitting  them  to  and  placing  them  before 
said  City  Council,  and  recommend  the  passage  of  such 
municipal  ordinance  as  will,  if  enacted  by  the  City  Council, 
finally  provide  for  carrying  out  and  effectuating  the  actions 
and  recommendations  of  said  Board  of  Transportation 
Trustees  for  Nashville,  and  when  any  such  ordinance  shall 
have  been  regularly  passed  and  enacted  by  the  City  Council 
for  said  city,  its  terms  and  provisions  shall  be  and  become 
finally  operative  and  binding  upon  said  city,  and  none  of 

Acts  ratified      the  actions,  negotiations,  contracts  or  agreements  proposed 

by  Ordinance,  qj-  rccommcnded  by  said  Board  of  Transportation  Trustees 

for  Nashville   shall  be  binding  upon  the  city  of  Nashville 

until  the  same  are  so  ratified  and  approved  by  an  ordinance 

passed  and  enacted  by  the  City  Council  of  said  City. 

Failure  of  (6)     That  in  the  event  the  City  Council  of  said  City  refuse 

ratu""  °  and  decline  to  ratify  and  approve  any  recommendation  of 
said  Board  of  Transportation  Trustees  for  Nashville,  or 
refuse  and  decline  to  pass  any  ordinance  proposed  and  rec- 
ommended by  it,  then  no  further  action  shall  be  taken  by 
the  City  Council  with  reference  to  the  Matters  contained 
in  such  recommendation  or  ordinance  proposed  by  said 
Board  of  Transportation  Trustees  for  Nashville,  unless  and 
until  the  latter  Board  itself  takes  further  action  or  makes 
further  affirmative  recommendations  to  the  City  Council; 

Board  may  provided,  that  the  failure  or  refusal  of  the  City  Council  to 
re-recommend.  ^(,^  favorably  upou  any  recommendation  or  ordinance  made 
or  proposed  by  said  Board  of  Transportation  Trustees  for 
Nashville  shall  not  interfere  wath  the  right  and  powder  of  the 
latter  Board,  from  time  to  time,  thereafter,  to  bring  forward 
the  same  recommendation  and  propose  the  same  ordinance, 
or  any  alterations  or  modifications  thereof,  and  place  the 
same  before  the  City  Council  of  said  city  for  acceptance  or 
rejection. 

Recommcn-         (7)     That  in  the  event  the  City  Council  of  said  City  shall 

Approved       ratify  and  approve  any  recommendation  of  said  Board  of 

Transportation  Trustees  for  Nashville,  and  in    conformity 

therewith  shall  have  regularly  passed  an  ordinance  to  that 


CITY  OF  NASHVILLE  79 

effect,  then  said  Board  of  Transportation  Trustees  for  Nash- 
ville shall  have  exclusive  charge  thereafter  in  carrying  into 
effect  such  recommendations  so'indorsedby  The  City  Council  contracts, 
of  said  city,  and  shall  have  all  authority  and  power  necessary 
to  make  all  contracts  incident  thereto,  and  said  Board  of 
Transportation  Trustees  for  Nashville  shall  make  monthly  ^^  ^^^^ 
reports  of  all  moneys  expended  by  them  in  consequence  there- 
of, and  said  report  shall  be  published  in  a  newspaper  in  the 
City  of  Nashville. 

(8)  That   said    Board   of   Transportation    Trustees    for  organization. 
Nashville,  shall  elect  one  of  its  members  as  its  president, 

and  shall  elect  a  secretary  who  is  not  a  member  of  said  Board ; 
and  any  vacancies  upon  said  Board  arising  from  any  cause  ^^^.^^^.j^^ 
shall  be  filled  by  a  majority  of  the  remaining  members  there- 
of.    Said  Board  shall  have  regular  meetings  at  least  month-  .Meetings, 
ly,  and  oftener  in  the  discretion  of  said  Board  upon  the  call 
of  the  president  of  any  five  members  thereof ;  and  such  regular 
or  called  meetings  shall  be  held  at  such  times  and  places 
and  subject  to  such  conditions  and  restrictions  as  the  Board 
may   determine      The   members   of   said   Board   of   Trans-  compensation, 
portation  Trustees  for  Nashville  shall  receive   no   compen- 
sation for  their  services,  but  the  actual  expenses  incurred  by 
said  Board  in  performance  of  its  duties  shall  be  paid  by  the  ^'^•"^■^*^- 
City  of  Nashville  out  of  its  general  funds  upon  vouchers 
accompanied  by  an  itemized  bill  of  expenses,  approved  and 
signed  by  the  president  and  secretary  of  said  Board  of  Trans- 
portation Trustees  for  Nashville. 

(9)  That  if  any  person  herein  named  as  a  member  of  vacancies  for 
the  Board  of  Transportation  Trustees  for  Nashville  shall    qu^uncations. 
decline  to  serve  thereon,  or  if  it  shall  be  ascertained  that 

any  such  person  is  connected  with  an  operating  transporta- 
tion company  as  recited  in  sub-section  4,  of  this  section  as 
applicable  to  the  members  of  said  Board,  or  if  any  such 
person  shall  decline  to  take  the  oath  hereinafter  required  to 
be  taken  by  all  members  serving  upon  said  Board,  then  the 
position  of  each  such  person  on  said  Board  shall  become 
thereby  vacated,  and  such  vacancy  or  vacancies  shall  be 
filled'as  herein  provided  for  the  filling  of  vacancies. 

If  any  member  of  said  Board  of  Transportation  Trustees 
for  Nashville  hereafter  ceases  at  any  time  to  have  and  possess 
the  qualifications  set  out  in  Section  4  of  this  Act  as  applicabk' 
to  members  of  said  Board,  then  the  position  of  such  member 
shall  be  thereby  automatically  vacated,  and  the  vacancy  so 
resulting  shall  be  filled  as  hereinbefore  provided  by  the  re- 
maining members  of  said  Board,  who  shall  proceed  to  elect 
to  such  vacancy  only  such  person  as  shall  possess  the  qual- 
ifications. All  other  vacancies  in  said  Board  shall  be  filled 
by  a  vote  of  the  Board  itself  at  any  regular  meeting  or  at 
any  special  meeting  called  for  that  purpose. 


80 


CHARTER 


Oath. 


Filed  where. 


Quorum. 


Records. 


Evidence. 


Bonds  for 
raising 
revenues  for 
transportation 


(10)  That  none  of  the  persons  named  in  this  Act,  nor 
any  other  person  hereafter  elected  as  a  member  of  said  Board 
of  Transportation  Trustees  for  Nashville  shall  become  qual- 
ified to  serve  thereon  until  each  such  person  shall  take  and 
subscribe,  before  an  officer  qualified  to  administer  oaths  in 
said  city,  the  following  oath :  "I  solemnly  swear  before  Al- 
mighty God  that  I  am  a  citizen  of  Davidson  County,  Tennes- 
see, and  I  am  not  an  officer,  director,  employee,  or  agent  of 
any  railroad  or  river  operating  transportation  company,  or 
any  subsidiary  operating  company  of  any  such  company 
serving  the  City  of  Nashville  or  its  inhabitants;  and  I  am  not 
an  office  holder  receiving  compensation  in  the  municipality 
of  Nashville  or  Davidson  County  or  State  of  Tennessee,  nor 
an  applicant  or  candidate  for  such  office,  and  I  further  prom- 
ise that  I  will  promptly  report  to  this  Board  if  I  ever  cease 
to  possess  any  of  the  above  qualifications;  I  further  solemn- 
ly swear  that  I  am  friendly  and  favorable  to  the  purpose  for 
which  this  Board  was  created,  and  that  I  will  faithfully 
perform  all  of  the  duties  imposed  upon  me  by  law  as  a  mem- 
ber of  the  Board  of  Transportation  Trustees  for  Nashville." 

All  oaths  of  members  of  said  Board,  when  taken  and 
subscribed,  shall  be  filed  with  and  preserved  by  the  Sec- 
retary of  said  Board  of  Transportation  Trustees  for  Nash- 
ville, and  shall  be  open  to  inspection  and  examination  by  any 
citizen  at  any  reasonable  time. 

(11)  That  a  majority  of  the  members  of  said  Board  of 
Transportation  Trustees  for  Nashville  shall  constitute 
a  quorum  thereof,  but  at  any  regular  or  called  meeting  it 
shall  require  a  majority  of  the  entire  Board  of  twenty-one 
members  to  consumtrate  any  action  of  said  Board.  The 
Secretary  of  said  Board  shall  keep  all  records  thereof,  and 
shall  keep  a  minute  book  which  shall  correctly  set  forth  the 
action  of  said  Board  upon  all  questions  coming  before  it, 
all  official  records  and  documents  of  said  Board,  including 
copies  of  the  minutes  of  said  Board,  or  ordinances  proposed 
by  it,  when  placed  before  the  City  Council  of  said  city  by  said 
Board  of  Transportation  Trustees  for  Nashville  for  the  action 
of  the  City  Council,  or  offered  in  evidence  elsewhere,  shall 
be  sufficiently  verified  if  certified  in  writing  as  correct  by  the 
president  and  secretary  of  said  Board  of  Transportation 
Trustees  for  Nashville. 

(12)  That  all  Acts,  obligations,  powers,  authority  and 
trusts  performed  under,  imposed  upon,  or  vested  in  the  City 
of  Nashville  and  its  officers  under  and  by  virtue  of  Chapter 
494  of  the  Private  Acts  of  1917  are  vested  in  and  recognized 
by  the  City  of  Nashville  and  the  appropriate  officers  thereof. 

Sec.  53a. 

1 .  That  for  the  purpose  of  enabling  the  City  of  Nashville 
to  foster  and  provide  transportation  facilities  for  itself  and 


CITY  OF  NASHVILLE  ol 

its  people,  the  City  of  Nashville  be,  and  it  is  hereby  author- 
ized to  borrow  money  and  issue  its  bonds  therefor,  in  the  ag- 
gregate of  Five  Alillion  Dollars  ($5,000,000)  bearing  interest  at 
not  more  than  five  per  cent  per  annum,  payable  semi-annual- 
ly, and  both  principal  and  interest  to  be  payable  at  such 
place,  or  places,  in  Nashville  or  elsewhere,  as  may  be  desig- 
nated by  the  Board  of  Commissioners  of  said  city  by  ordi- 
nance. And  such  bonds  shall  mature  in  such  annual  in- 
stallments, not  more  than  thirty  (30)  years  from  their  date, 
and  shall  be  in  such  form  and  amount,  registered  or  coupon, 
and  shall  be  sold  in  such  manner  and  for  such  prices  as  the 
Board  of  Commissioners  of  said  city  by  ordinance  may 
determine,  but  in  no  event  shall  any  of  said  bonds  be  sold 
for  less  than  par,  except  by  a  vote  of  at  least  four  (4)  members 
of  said  Board  of  Commissioners,  and  then  at  a  price  not 
less  than  $97.00  for  each  $100.00  of  said  bonds;  and  the 
proceeds  of  said  bonds  shall  be  paid  into  the  treasury  of 
the  city,  for  the  purposes  above  declared;  provided,  that  no 
money  borrowed  and  no  bonds  sold  under  and  pursuance 
of  the  provisions  of  this  Act  shall  be  used  in  violation  of 
Section  29  of  Article  II  of  the  Constitution  of  the  State  of 
Tennessee. 

2.  Be  it  further  enacted,  That  the  Board  of  Commissioners  Referendum, 
of  the  City  of  Nashville  are  authorized  upon  recommen- 
dation of  the  Board  of  Transportation  Trustees  for  the  City 

of  Nashville  and  are  hereby  required  to  call  an  election, 
or  elections  at  which  the  proposition  to  issue  said  bonds, 
or  any  part  of  same  authorized  by  this  Act  shall  be  sub- 
mitted to  the  qualified  voters  of  said  city.  At  any  election 
called  for  this  purpose  those  voters  desiring  the  issuance  of 
said  bonds  shall  vote  in  said  election  "For  Transportation 
Facilities  Bonds,"  and  those  opposing  the  issuance  of  said 
bonds  shall  vote  "Against  Transportation  Facilities  Bonds." 
Such  election  or  elections  shall  be  held  in  conformity  with 
the  laws  controlling  elections  in  said  City  of  Nashville. 
Should  a  majority  of  the  qualified  voters  voting  upon  said 
proposition  in  such  election  or  elections  vote  "For  Trans- 
portation Facilities  Bonds,"  then  said  bonds  shall  be  issued 
as  herein  provided  in  this  Act.  Should  a  majority  of  the 
qualified  voters  voting  upon  said  proposition  in  such  election 
or  elections  vote  "Against  Transportation  Facilities  Bonds," 
other  elections,  if  recommended  by  the  Board  of  Transpor- 
tation Trustees  for  Nashville,  and  approved  by  the  Board  of 
Commissioners  of  the  City  of  Nashville  may  be  held  at  any 
time  after  the  expiration  of  thirty  days  to  determine  whether 
such  bonds  in  whole  or  in  part  shall  be  issued. 

3.  Be  it  further  enacted,  That  the  bonds  authorized  to  be  Bonds- 
issued  hereunder  shall  be  issued  and  used  by  said  city  from    obligations  of 
time  to  time,  in  such  amounts  within  the  aggregate  amount 
authorized  hereby  upon  recommendation  of  the  Board  of 


82 


CHARTER 


Mortgage  to 
secure. 


Tax  levy. 


Registered. 


Proceeds  used 
— how. 


Transportation  Trustees  for  Nashville  as  the  Board  of  Com- 
missioners of  said  city  shall  by  ordinance  determine ;  and  all 
such  ordinances  providing  for  the  issue  of  any  bonds  herein 
authorized  shall  be  valid  when  passed  by  the  Board  of 
Commissioners  of  said  city  in  accordance  with  the  provisions 
of  Sections  26  and  27  of  the  charter  of  said  city  which  shall 
apply  to  the  bonds  issued  hereunder.  Such  bonds  shall 
be  the  absolute,  direct  and  general  obligations  of  the  City 
of  Nashville;  and  all  bonds  issued  and  disposed  of  under  the 
provisions  of  this  Act  shall  be  used  exclusively  for  the  pur- 
poses hereinbefore  recited;  provided,  the  purchasers  of  said 
bonds  shall  not  be  onerated  with  any  duty  or  responsibility 
of  seeing  that  the  proceeds  thereof  are  so  applied. 

4.  Be  it  further  enacted,  That  the  City  of  Nashville  is  here- 
by authorized  and  empowered  to  mortgage  and  pledge  all 
facilities  of  transportation  acquired  under  the  provisions 
of  this  Act,  to  secure  the  payment  of  any  money  borrowed 
and  any  bonds  issued  hereunder  which  has  been  used  in 
acquiring  such  facilities. 

5.  Be  it  further  enacted.  That  further  to  secure  the  pay- 
ment of  the  principal  and  interest  of  any  bonds  issued  and 
disposed  of  by  said  city  under  the  provisions  of  this  Act, 
said  city  be  as  hereby  authorized  and  directed  to  make  a 
special  tax  levy  to  be  included  in  its  annual  tax  levy,  over 
and  above  all  taxes  authorized  by  law,  which  will  be  sufficient 
to  pay  the  interest,  and  ultimately  provide  for  the  payment 
of  the  principal  of  said  bonds  by  the  time  the  same  shall 
mature;  and  the  principal  and  interest  of  any  such  bonds 
falling  due  before  the  proceeds  of  any  tax  levy  becomes 
available,  shall  be  paid  from  the  ordinary  funds  of  said  city; 
and  in  each  year  during  the  life  of  any  bonds  issued  here- 
under the  Board  of  Commissioners  of  said  city  shall  include 
in  the  annual  tax  levy,  over  and  above  all  other  taxes  author- 
ized by  law,  a  sum  sufficient  to  provide  a  fund  for  the  ultimate 
payment  of  said  bonds,  by  the  time  the  same  shall  mature, 
together  with  any  interest  thereon  falling  due  in  the  ensuing 
years,  and  also  a  sum  sufficient  to  reimburse  the  ordinary 
fund  for  appropriations  made  or  to  be  made  therefrom  for 
the  payment  of  any  such  interest  or  principal. 

6.  Be  it  further  enacted,  That  said  Board  of  Commissioners 
may  in  its  discretion  provide  that  the  holders  or  owners  of  any 
of  said  bonds  may  register  the  same  as  to  principal  alone,  or 
as  to  both  principal  and  interest,  in  the  name  of  such  owner 
or  holder  on  the  books  of  the  city,  in  the  office  of  the  City 
Treasurer  or  in  any  bank  or  trust  company  in  the  City  of 
New  York  which  may  be  designated  for  such  purpose  by 
said  Board  under  such  regulations  as  said  Board  may  estab- 
lish. 

7.  Be  it  further  enacted,  That  the  proceeds  of  any  bonds  is- 
sued under  this  Act  shall  be  used  exclusively  for  the  purposes 


CITY  OF  NASHVILLE  83 

hereinbefore  expressed,  and  shall  only  be  applied  to  such  pur- 
poses, in  the  way  and  manner,  and  by  the  agencies  provided, 
and  specified  in  another  Act  of  this  present  General  Assembly 
passed  for  that  purpose  and  entitled : 

"An  Act  to  amend  an  Act  entitled,  'A  Bill  to  be  entitled  an 
Act  to  create  a  municipal  corporation,  to  be  known  as  the 
City  of  Nashville,  and  to  define  its  rights,  powers,  duties, 
and  obligations,  and  to  repeal  all  laws  and  parts  of  laws 
in  conflict  with  this  Act,'  being  Chapter  22  Private  Acts  of 
Tennessee  1913,  so  as  to  authorize  and  enable  said  City  of 
Nashville  to  foster  and  provide  transportation  facilities 
for  itself  and  its  people,  by  building,  acquiring,  holding, 
owning,  leasing  or  selling  any  railroad  or  railroads  or  other 
transportation  facilities,  and  by  acquiring,  owning,  or  selling, 
the  entire  issue  of  first  mortgage  or  prior  lien  bonds  on  any 
railroad;  and  to  create  a  Board  or  Agency  of  said  City  of 
Nashville  to  be  called  'The  Transportation  Trustees  of  the 
Citv  of  Nashville,'  and  to  define  its  powers  and  duties." 
Ch.  494  Private  Acts  1917. 

Sec.  54.  Be  it  further  enacted,  That  the  City  Council 
shall  have  power  to  make  a  special  levy,  not  exceeding  one-  F^'emeiTand 
fifth  of  one  mill  on  each  dollar  of  the' value  of  the  taxable  Poii^^'"^"- 
property  of  said  city,  to  provide  for  a  fund  for  pensions 
for  the  pensioners  of  th^  police  and  fire  departments;  that 
the  following  members  of  the  police  and  fire  departments 
of  the  City  of  Nashville  who  have  been  regularly  appoint- 
ed as  such,  and  none  other,  shall  be  entitled  to  a  pension 
as  follows : 

(1)  Such  members  of  the  police  and  fire  departments 

who  shall  have  served  for  a  continuous  period  of  twenty-five  ^^1'°*^"''?'^** 

'-  •'  ,  to  pension. 

years  as  regular  members  thereof,  and  shall  have  attained 

the  age  of  sixty-five  years,  and  shall  have  complied  with  the  service  and  age. 

rules,  ordinances  and  regulations  governing  the  Police  and 

Fire  Departments,  and  the  pension  provisions. 

(2)  Such  members  of  the  Police  and  Fire  Departments 

who  shall  have  ser\ed  for  a  continuous  period  of  twenty-  ^^.^.^^^ ^„^ 
five  years  as  regular  members  thereof,  and  shall  have  com- '  Disability, 
plied  with  the  rules,  ordinances  and  regulations  governing 
the  Police  and  Fire  Departments,  and  the  pension  provisions 
and  shall  not,  in  the  judgment  and  discretion  of  said  Board, 
be  longer  able  to  efiiciently  discharge  the  duties  of  their 
positions  by  reason  of  physical  defects  or  infirmities,  mental 
or  physical. 

(3)  That  any  regular  member  of  the    Police   and   F'ire 
Departments  who,   while  working  within  the  scope  of  his  oisabiUty  by 
employment   and   while   in  the   actual   active   discharge   of 

duty,  shall  sustain  personal  injury  whereby  he  is  perma- 
nently crippled  or  disabled  so  as  to  be  incapacitated  to 
efficiently  discharge   the   duties  of  his   position,   regardless 


84 


CHARTER 


Amount. 


Re — exami- 
nation of 
pensioner. 


of  the  length  of  time  lie  has  been  employed  as  a  regular 
member  of  such  department  previous  to  his  sustaining  such 
injury,  may  be  pensioned  in  an  amount  to  be  determined 
by  said  Board;  but  in  no  such  case  shall  the  amount  awarded 
exceed  one-half  of  the  salary  or  compensation  such  member 
was  receiving  from  the  city  at  the  time  he  sustained  such 
personal  injury  by  accident  arising  out  of  and  in  the  course 
of  employment,  and  shall  not  include  a  disease  in  any  form, 
except  as  shall  naturally  result  from  the  injury.  No  pension 
shall  be  allowed  to  a  member  where  the  personal  injury  is 
due  to  the  member's  willful  misconduct,  intoxication,  dis- 
obedience of  orders,  or  where  it  is  intentionally  self-inflicted. 
Said  Board  shall  have  the  right,  in  case  of  any  claim  for 
pensions,  to  have  the  claimant  examined  by  any  competent 
surgeon  or  surgeons  the  Board  may  select.  The  action  and 
determination  of  said  Board  shall  be  final  on  all  questions 
of  fact,  and  shall  not  be  subject  to  review  in  any  other  form 
except  for  illegality  or  want  of  jurisdiction.  Said  Board 
shall  have  power,  if  for  any  reason  it  believes  that  the  pension- 
er is  not  permanently  crippled  or  disabled,  after  it  has  made 
its  aw^ard,  or  that  he  has  recovered  from  the  personal  injury, 
and  is  authorized  to  make  further  investigations,  and  to  have 
the  pensioner  examined  by  a  surgeon  appointed  by  it,  and 
if  in  the  opinion  of  said  Board,  upon  such  further  investiga- 
tions, the  pensioner  is  not  permanently  crippled  or  disabled, 
or  has  recovered  from  his  injury,  the  IBoard  shall  order  that 
the  said  pensioner  shall  be  dropped  from  the  pension  rolls, 
and  all  payments  of  pension  shall  cease  from  the  date  of 
such  order.  Such  investigation  shall  be  after  wTitten  notice, 
and  served  at  least  five  days  prior  to  the  investigation  and 
hearing,  upon  the  petitioner. 

("Section  1- — Be  it  enacted,  by  the  General  Assembly 
of  the  State  of  Tennessee:  That  paragraph  3  of  Section  54 
of  Chapter  193,  of  the  Private  Acts  of  the  General  Assembly 
of  Tennessee,  for  the  year  1921,  same  being  An  Act  entitled 
An  Act  to  create  a  municipal  corporation  to  be  known  as 
the  "City  of  Nashville,"  and  to  define  its  rights,  powers, 
duties  and  obligations,  and  to  repeal  all  laws  or  parts  of 
laws  in  conflict  therewith,  be  and  the  same  hereby  is  amended 
by  the  addition,  at  the  end  of  the  first  sub-paragraph  of 
said  paragraph  3,  of  Section  54  aforesaid,  of  the  following 
words,  to  wit;  and  likewise  any  person,  formerly  a  regular 
member  or  substitute  member  of  such  Police  or  Fire  Depart- 
ment, who,  while  working  or  acting  within  the  scope  of  his 
employment  and  while  in  the  actual  active  discharge  of  duty, 
shall  have  sustained  personal  injury,  by  accident,  occuring 
prior  to  the  passage  and  effect  of  Chapter  253  of  the  Private 
Acts  of  1913,  whereby  he  is  permanently  crippled  or  disabled 
so  as  to  be  incapacitated  to  efhciently  discharge  the  duties 
of  his  position,  regardless  of  his  length  of  service  in  such 


CITY  OF  NASHVILLE  85 

Department  prior  to  such  injury,  may  be  pensioned  by  said 
Board,  provided  such  person  shall  first  contribute  to  the 
Police  and  Fire  Pension  Fund  as  provided  for  in  said  Sec- 
tion 54  of  Chapter  193,  Acts  of  1921,  in  an  amount  equal 
to  the  sum  such  person  would  have  contributed  to  said  fund 
under  said  Section  54  from  Oct.  14,  1913,  said  date  being 
the  effective  date  of  the  original  Pension  Act,  up  to  the 
passage  of  this  Act  based  on  the  salary  of  a  regular  patrol- 
man or  fireman  of  the  line ;  provided  further  that  the  pension 
of  any  such  person  shall  be  based  on  the  salary  of  a  regu- 
lar patrolman  or  fireman  of  the  line  at  the  time  of  the  passage 
of  this  Act,  unless  such  person  was  an  officer  drawing  a 
larger  salary  at  the  time  of  such  injury,  in  which  event  he 
will  be  pensioned  on  the  basis  of  the  salary  of  such  officer 
at  the  time  of  the  passage  of  this  Act.")  (Chapter  680  Pri- 
vate Acts  of  1921). 

The  action  of  the  Board  in  reinvestigating  the  case  of 
any  pensioner,  or  in  ordering  any  such  pensioner  dropped 
from  the  roll,  shall  not  be  subject  to  review.  The  payment 
of  all  pensions  shall  end  at  and  upon  the  death  of  the  pen- 
sioner. All  pensions  granted  under  this  Section  shall  be 
within  the  discretion  and  judgment  of  the  Board  of  Civil 
Service  and  Pensions.  Said  Board  shall  have  full  power  and 
authority  to  determine  and  fix  the  amount  of  pensions  in"'^p°ns°on^ 
any  case  arising  under  this  Section,  where  the  annual  salary 
of  the  pensioner  at  the  time  he  is  placed  on  the  pension  roll 
of  $1500.00  or  more,  provided,  that  in  no  case  shall  a  pension 
be  allowed  e.Kceeding  the  amount  of  the  salary  of  svich  mem- 
ber at  the  time  he  was  placed  on  the  pension  roll.  Each 
and  every  regular  member  of  the  Police  and  Fire  Departments  ^^Pa^yments. 
of  the  City  of  Nashville  shall  pay  into  the  treasury  of  the 
City,  to  the  credit  of  the  Pension  Fund,  monthly,  on  or 
before  the  first  Monday  of  each  month,  one  per  cent  of  his 
next  monthly  salary,  and  a  refusal  to  comply  with  this 
provision  shall  be  a  cause  for  discharge  from  the  department, 
after  five  (5)  days'  written  notice  of  the  failure  to  pay  as 
above  provided.  The  Pension  Fund  and  the  pension  provi- 
sions provided  are  intended  to  promote  the  efficiency  of  Pension  Fund, 
the  Police  and  Fire  Departments,  and  are  not  any  form  of 
insurance,  and  no  rights  or  claims  to  refund  or  accounting 
shall  inure  to  any  members  of  said  departments  for  any 
payments  into  the  treasury  of  the  City  to  the  credit  of  the 
Pension  Fund,  in  the  event  of  the  death,  resignation,  pen- 
sioning, or  discharge  of  any  such  members.  All  revenue 
raised  on  account  of  the  Pension  Fund  shall  be  kept  by  the 
City  Treasurer  separate  from  other  City  revenue,  designated 
the  "Police  and  Fire  Pension  Fund."  The  City  Comp- 
troller and  City  Treasurer  shall  be  notified  by  said  Board 
of  its  action  in  each  case,  and  an  entry  shall  be  made  on  the 
books  in  said  offices  showing  the  name  of  the  pensioner  and 


86 


CHARTER 


Curbings  and 
sidewalks 
Fund. 


Notice  to 
Construct. 


Mayor 

Constructs. 


Cost  charged 
to  whom. 


Collected — how , 


the  amount  that  he  is  entitled  to  draw  for  pension.  Pensions 
shall  be  paid  upon  warrants  drawn  as  in  case  of  other  pay- 
ments; such  pensions  shall  be  paid  monthly.  The  Treasurer 
shall,  upon  the  order  of  said  Board  invest  any  accumulation 
of  this  fund  in  bonds  of  the  City  of  Nashville. 

Sec  55.  Be  it  further  enacted,  That  all  the  acts,  assess- 
ments and  obligations  created  under  Chapter  158  of  the 
Acts  of  1907,  and  amendments  thereof  (Chap.  131,  Acts 
1911  &  Chap.  158,  Priv.  Acts  of  1917),  are  assumed,  and  the 
duties  and  trusts  imposed  upon  the  funds  shall  be  admin- 
istered as  herein  provided. 

(1)  Said  fund  shall  constitute  a  separate  fund,  to  be 
used  exclusively  in  the  construction  of  curbings  and  side- 
walks in  the  City  of  Nashville.  The  Mayor  shall  have  the 
power  to  expend  such  fund  or  any  portion  thereof  for  the 
purpose  herein  provided,  upon  authority  given  by  a  reso- 
lution of  the  City  Council.  No  portion  of  said  bonds  shall 
be  expended  by  the  Mayor  until  a  notice  has  been  published 
three  times  in  one  of  the  daily  papers  published  in  said  city, 
directing  the  owners  of  the  property  in  front  of  which  it  is 
necessary  to  construct  such  sidewalks  and  curbing  to  pro- 
ceed to  construct  the  same  in  accordance  with  the  plans  and 
specifications  therefor  prepared  by  the  City  Engineer,  and 
within  thirty  days  from  the  date  of  the  first  of  said  notices. 
Said  notices  shall  give  the  name  of  the  owner  of  the  property 
in  front  of  which  such  curbing  or  sidewalk  is  directed  to 
be  constructed,  and  also  the  number  of  front  feet  of  said  lot, 
and  the  number  of  the  lot  and  the  plan  thereof,  if  there  be 
such.  But  any  mistake  as  to  the  name  of  the  owner  of  any 
such  lot,  or  the  number  or  description  of  said  lot  shall  in 
no  wise  invalidate  or  effect  the  lien  upon  said  property  for 
the  sum  of  money  expended  in  the  construction  of  such  side- 
walks and  curbing. 

(2)  That  if  after  the  expiration  of  thirty  days  from  the 
publication  of  the  first  said  notices  such  owner  shall  have 
failed  to  construct  the  sidewalk  or  curbing  as  commanded 
in  said  notice,  the  Mayor  may  proceed  to  construct  the  same 
in  like  manner  as  other  contracts  for  public  in  provement 
are  entered  into. 

(3)  That  a  list  of  the  several  sums  of  money  expended  by 
the  City  in  the  construction  of  sidewalks  and  curbing  shall, 
as  soon  as  said  work  of  construction  is  completed,  be  im- 
mediately delivered  to  the  City  Comptroller  of  said  City, 
w^ho  shall  enter  the  same  upon  his  sidewalk  book,  and  shall, 
within  ten  days  after  the  receipt  of  such  list,  mail  to  the 
owner  or  agent  of  the  owner  of  each  of  the  lots  of  ground 
in  front  of  which  said  sidewalks  or  curbing  have  been  con- 
structed a  notice  specifying  the  amount  of  money  that  is 
due  for  such  construction  and  reciting  that  the  same  must 


CITY  OF  NASHVILLE  87 

be  paid  within  thirty  days  from  the  date  said  assessment  is 
entered  upon  the  City  Comptroller's  sidewalk  book.  Pro- 
vided, however,  that  any  property  owner  who  shall  elect  Payment  by 
to  pay  his  assessment  in  five  equal  installments  shall  have  "^  '"^"  ^' 
the  right  and  privilege  of  so  doing  upon  his  election,  expressed 
by  the  payment  of  the  first  installment  within  thirty  days 
after  said  assessment  list  has  been  entered  by  the  City  Comp- 
troller on  his  sidewalk  book,  and  the  remaining  four  in- 
stallments shall  be  paid  in  3,  6,  9  and  12  months  thereafter, 
and  all  such  assessments  shall  bear  interest  at  the  rate  of 
six  per  cent  per  annum  from  thirty  days  after  the  entry  upon 
the  City  Comptroller's  sidewalk  book.  The  failure  to  pay 
any  one  installment  for  thirty  days  after  it  shall  become  due 
shall  of  itself  make  all  the  remaining  unpaid  installments 
become,  at  once  due.  The  payment  of  the  first  installment, 
as  above  provided  for,  shall  be  held  and  constitute  a  waiver  Waiver  of 
of  any  illegality,  or  irregularity,  or  invalidity  with  regard  ^e^'y- 
to  the  assessment  for  such  improvement  against  his  property. 
In  all  cases  where  the  first  installment  has  not  been  paid 
within  the  time  prescribed,  the  entire  assessment  shall  be  coHect^- 
payable  in  cash  on  the  expiration  of  sixty  days  from  the  date  '•°"'- 
that  said  assessment  w^as  entered  on  the  City  Comptroller's 
sidewalk  book.  If  said  sums  of  money  have  not  been  paid 
at  the  expiration  of  said  period  of  sixty  days,  it  shall  be  the 
duty  of  the  City  Comptroller  to  certify  to  the  City  Attorney 
of  said  city  a  list  of  all  such  delinquents,  and  it  shall  be  the 
duty  of  the  City  Attorney  to  immediately  and  without  further 
notification  to  the  owners  of  said  property,  proceed  to  collect 
such  sums  by  bill  in  the  Chancery  Court  of  Davidson  County. 
vSuch  bill  may  include  as  many  as  twenty-five  (25)  distinct 
pieces  or  tracts  of  land,  the  owners  thereof  being  made 
defendants  to  the  bill,  and  such  cause  shall  not  be  subject 
to  objection  for  misjoinder  by  reason  of  the  distinct  interest 
that  several  of  the  defendants  have  in  the  property  pro- 
ceeded against,  and  all  parties  necessary  to  enable  the  Court 
to  enforce  the  lien  and  to  divest  the  title  and  invest  the  same 
in  the  purchaser  may  be  made  party  defendant;  that  should 
any  person  interested  pay  after  bill  filed  and  before  sale  of 
land,  the  City  Attorney  shall  dismiss  the  suit  as  to  the  persons 
and  property  included  in  said  payment;  provided,  the  persons 
so  paying  the  taxes  or  assessments  shall  pay,  his,  her,  or  its 
just  proportion  of  the  cost  accrued  in  said  cause  to  the  date 
of  the  payment;  and,  it  is,  therefore  provided  that  the  filing 
of  this  bill  shall  in  no  way  defeat  the  rights  of  the  City  of 
Nashville  to  the  lien  as  before  established,  such  bill  being 
filed  for  the  purpose  of  enforcing  the  same.  Said  bill  herein 
provided  for  shall  be  in  substance  and  in  form  the  same  as 
other  bills  filed  in'  the  Chancery  Court  for  the  purpose  of 
foreclosing  and  enforcing  liens  and  collecting  taxes,  assess- 
ments, or  money  due,  and  for  divesting  title  and  making 


CHARTER 


Lien. 


Lien  attaches 
when. 


Funds  rotatt 


title,  but  no  defendants  shall  be  entitled  to  a  copy  of  the  bill 
without  applying  to  the  Clerk  and  paying  for  such  copv, 
nor  shall  it  be  necessary  that  all  defendants  names  be  in- 
cluded in  the  copy  of  the  subpoena  to  be  left  with  said  de- 
fendant, or  in  publication  for  non-residents 

Said  cause  shall  be  at  issue  as  to  any  defendant  when  he, 
her  or  its  answer  is  filed  or  proconfesso  has  been  taken,  and 
the  cause  may  be  proceeded  with  by  or  against  any  one  or 
more  of  the  defendants  until  final  judgment,  sale  and  con- 
firmation thereof  without  in  any  way  affecting  any  other 
party  to  the  suit.  Any  party  to  the  bill  shall  have  the  right 
to  appeal  to  the  Supreme  Court  or  to  a  writ  of  error,  and 
such  bill  shall  not  afifect  proceedings  as  to  other  parties. 
It  is  hereby  intended  that  said  sums  of  money  expended  under 
this  Act,  together  with  all  interest,  costs,  and  charges,  shall 
be  and  constitute  a  lien  upon  the  fee  in  said  lot  or  lots  or 
parcels  of  ground  immediately  hereunder,  and  not  merely 
upon  the  interest  of  the  person  or  persons  to  whom  said 
assessment  and  levy  may  be  made,  but  to  any  and  all  other 
interests  in  said  property,  whether  in  reversion,  remain- 
der, or  any  estate  of  any  nature  whatsoever,  and  said  as- 
sessment shall  not  be  invalid  on  account  of  said  assessed 
property  having  been  leased  or  the  assessment  made  against 
any  one  as  owner  or  owners  not  the  owner  or  owners,  or  where 
the  owner  or  owners  are  unknown.  The  said  lien  shall  be 
prior  and  superior  to  all  other  liens  or  incumbrances  of  any 
nature  whatsoever,  except  State,  County  and  Municipal 
taxes. 

Said  liens  shall  attach  when  upon  the  adoption  of  the 
resolution  authorizing  and  directing  said  improvement. 
Said  resolution  shall  be  entered  upon  the  minute  book  of 
the  Board  and  shall  become  a  notice  and  fix  the  lien  as  to 
all  parties  who  may  have  acquired  prior  thereto  any  title, 
right,  or  interest  in  or  to  said  lot  or  parcel  of  ground,  or  who 
may  acquire  any  such  title,  right,  or  interest  subsequent 
thereto.  The  City  Attorney  is  authorized  to  have  an  ab- 
stract of  the  title  made  to  such  lot  or  lots  or  parcels  of  ground, 
and  the  expense  or  interest  thereof  charged  as  an  item  in 
the  collection  of  said  assessment. 

(4)  That  all  moneys  expended  for  the  construction  of 
curbing  and  sidewalks  out  of  the  proceeds  of  the  bonds 
whose  issuance  is  here  authorized  shall,  when  collected  from 
the  person,  firms  or  corporations  upon  whose  property  such 
cost  of  construction  shall  have  become  a  lien  as  heretofore 
provided,  be  again  deposited  with  the  Treasiu^er  of  said 
city,  and  shall  be  again  used  for  the  construction  of  other 
sidewalks  and  curbings  in  said  city.  The  money  herein 
before  provided  for  the  construction  of  curbings  and  side- 
walks shall  never,  in  any  way  be  included  in  any  of  the 


CITY  OF  NASHVILLE  89 

annual  budgets  of  said  city ;  but  it  is  intended  that  said  money 
shall  be  again  used  in  the  construction  of  sidewalks  and 
curbings  as  rapidly  as  it  is  collected. 

Sec.  56.     Be  it  further  enacted,  (1)  That  all  the  Acts,  assess-  (^^^^^^ 
ments  and  obligations  created  under  Chapter  506  of  the  Private    construction 
Acts  of  1 9 1 7  are  here  assumed,  and  all  duties  and  trust  imposed 
upon  the  funds  derived  from  such  bonds  shall  be  administered 
as  herein  provided  for  the  construction  of  gutters.      The  pro- 
ceeds from  said  Gutter  Construction  bonds  shall  be  deposited 
with  the  Treasurer  of  the  City  of  Nashville  to  the  credit  of 
the  fund  designated  as  "Gutter  Construction  Bonds  of  1917," 
and  shall  constitute  a  separate  fund  to  be  used  exclusively 
in  the   construction  of   gutters   in  the   City  of   Nashville. 
The  Mayor  of  the  City  of  Nashville  shall  have  power  to  Expended  by 
expend  such  funds  or  any  portion  thereof  for  the  purposes    Mayor— how. 
herein  provided  in  such  manner  as  he  shall  deem  proper 
upon   the   adopcion   of   a   resolution   by   the    City   Council 
authorizing  the  same;  provided,  however,  that  no  portion 
of  said  bonds  shall  be  expended  until  a  notice  has  been  pub- ,.   .    ^ 

r       1  1     M  1   i-    1        1     •      Notice  to 

lished  three  times  m  one  of  the  daily  papers  published  in    Construct. 

said  city  directing  the  owners  of  the  property  in  front  of 

which  it  is  necessary  to  construct  such  gutters  to  proceed 

to  construct  the  same  in  accordance  with  the  plans  and 

specifications  therefor  prepared  by  the  City  Engineer  and 

within  thirty  days  from  the  date  of  the  first  of  said  notices. 

Said  notices  shall  give  the  name  of  the  owner  of  the  property 

in  front  of  which  such  gutters  are  directed  to  be  constructed, 

and  also  the  number  of  front  feet  of  said  lot,  and  the  number 

of  the  lot  and  the  plan  thereof,  if  there  be  such.     But  any  j^jj^j.^j.^ 

mistake  as  to  the  name  of  owner  of  any  such  lot  or  the 

number  or  description  of  said  lot  shall  in  no  wise  invalidate 

or  effect  the  lien  upon  said  property  for  the  sum  of  money 

expended  in  the  construction  of  such  gutter. 

(2)  That  if  after  the  expiration  of  thirty  days  from  the  Mayor 
publication  of  the  first  of  said  notices  such  owner  shall  hav^e    ^hcn""^*^* 
failed  to  construct  the  gutters  as  commanded  in  said  notice, 

said  Mayor  may  proceed  to  construct  the  same  in  like  manner 
as  other  contracts  for  public  improvements. 

(3)  That  a  list  of  the  several  sums  of  money  expended  by  Costs  charged 
said  Board  in  the  construction  of  gutters  shall,  as  soon  as     °" 
said   work   of   construction   is   completed,   be    immediately 
delivered  to  the  Comptroller  of  said  city,  who  shall  enter 

the  same  upon  his  Gutter  Book,  and  shall,  within  ten  days 

after  the  receipt  of  such  list,  mail  to  the  owner  or  agent  of '^""^*^*^'^^'*°''- 

each  of  the  lots  of  ground  in  front  of  which  said  gutters  have 

been  constructed  a  notice  specifying  the  amount  of  money 

that  is  due  for  such  construction  and  reciting  that  the  same 

must  be  paid  within  thirty  days  from  the  date  said  assessment 

is  entered  upon  the  Comptroller's  Gutter  Book;  provided. 


90 


CHARTER 


Payment  by 
Installment. 


Waiver  of 
Illegality. 


Delinquent 
collected 
how. 


Lien. 


Priority  of 
Lien. 


however,  that  any  property  owner  who  shall  elect  to  pay  his 
assessment  in  five  equal  installments  shall  have  the  right  and 
privilege  of  so  doing  upon  his  election,  expressed  by  the 
payment  of  the  first  installment  within  thirty  days  after 
said  assessment  list  has  been  entered  by  the  Comptroller 
in  his  Gutter  Book;  and  the  remaining  four  installments 
shall  be  paid  in  3,  6,  9,  and  12  months  thereafter,  and  all 
such  assessments  shall  bear  interest  at  the  rate  of  six  per  cent 
per  annum  from  thirty  days  after  the  entry  upon  the  Comp- 
troller's Gutter  Book.     The  failure  to  pay  any  one  install- 
ment for  thirty  days  after  it  shall  become  due  shall  of  itself 
make   all   the   remaining  unpaid   installments   become   due 
at  once.     The  payment  of  the  first  installment,  as  above 
provided  for,  shall  be  held  and  constitute  a  waiver  of  any 
illegality,  irregularity,  or  invalidity  with  regard  to  the  assess- 
ment for  such  improvement  against  his  property.     In  all 
cases  where  the  first  installment  has  not  been  paid  within 
the  time  prescribed,  the  entire  assessment  shall  be  payable 
in  cash  on  the  expiration  of  sixty  days  from  the  date  that 
said  assessment  was  entered  on  the  Comptroller's  Gutter 
Book.     If  said  sums  of  money  have  not  been  paid  at  the 
expiration  of  said  period  of  sixty  days,  it  shall  be  the  duty  of 
said  Comptroller  to  certify  to  the   City  Attorney  of  said 
city  a  list  of  all  such  delinquents,  and  it  shall  be  the  duty 
of  the  City  Attorney  to  immediately  and  without  further 
notification  to  the  owners  of  said  property  proceed  to  collect 
such  sum  by  bill  in  Chancery  Court  of  Davidson  County. 
The   assessments   under  this   section   shall   be   collected   in 
the  same  way  through  the  courts  as  is  provided  in  this  Act 
for  the  collection  of  city  taxes,  paving  and  sidewalk  assess- 
ments.     It  is  hereby  intended  that  such   sums   of  money 
expended  under  this  Act,  together  with  all  interest,  costs, 
and  charges  shall  be  and  constitute  a  lien  upon  the  fee  in 
said  lot  or  lots  or  parcels  of  ground  immediately  hereunder 
and  not  merely  upon  the  interest  of  the  person  or  persons 
to  whom  said  assessment  and  levy  may  be  made,  but  to  any 
and  all  other  interests  in  said  property,  whether  in  reversion, 
remainder  or  any  estate  of  any  nature  whatsoever,  and  said 
assessment  shall  not  be  invalid  on  account  of  said  assessed 
property  having  been  leased  or  the  assessment  made  against 
any  one  as  owner  or  owners  not  the  owner  or  owners,  or 
where  the  owner  or  owners  are  unknown.    The  said  lien  shall 
be  prior  and  superior  to  all  other  liens  or  incumbrances 
of  any  nature  whatsoever,  except,  State,  County  and  Munici- 
pal taxes.    Said  lien  shall  attach  when  said  resolution  author- 
izing and  directing  said  improvement  is  adopted  and  entered 
upon  the  gutter  minute  book  of  the  Board,  and  shall  become 
a  notice  and  fix  the  lien  as  to  all  parties  who  may  have 
acquired  prior  thereto  any  title,  right,  or  interest  in  or  to 
said  lots  or  parcels  of  ground,  or  who  may  acquire  any  such 


CITY  OF  NASHVILLE  91 

title,  right  or  interest  subsequent  thereto.    The  City  Attorney 
is  authorized  to  have  an  abstract  of  title  made  to  such  lot  Attract  of 
or  lots  or  parcels  of  ground  and  the  expense  or  interest  thereof 
charged  as  an  item  in  the  collection  of  said  assessment. 

(4)  That  all  moneys  expended  for  the  construction  of  p^^^^j^  ^.^^^^^ 
gutters  out  of  the  proceeds  of  the  bonds  whose  issuance  is 
here  authorized  shall,  when  collected  from  the  person, 
firms  or  corporations  upon  whose  property  such  cost  of 
construction  shall  have  become  a  lien  as  heretofore  provided, 
be  again  deposited  with  the  Treasurer  of  said  city,  and  shall 
be  again  used  for  the  construction  of  other  gutters  in  said 
city.  The  money  hereinbefore  provided  for  the  construction 
of  gutters  shall  never  in  any  way,  be  included  in  any  of  the 
annual  budgets  of  said  city,  but  it  is  intended  that  said  money 
shall  be  again  used  in  the  construction  of  gutters  as  rapidly 
as  it  is  collected. 

Sec.  57.     Be  it  further  enacted,  That  in  the  event  of  the  temporary 
temporary  absence  or  disability  of  any  officer  other  than  a    vacanci^ 
member  of  the  City  Council,  the  Mayor  shall  have  the  power    ^"^'*~^°"'- 
to  appoint  some  proper  person  to  act  in  the  place  and  stead, 
of  such  officer  during  the  absence  or  disability  and  to  pro- 
vide for  the  compensation  of  such  person  temporarily  dis- 
charging the  duties  of  said  officer.     Compensation  or  salary  g^j^^  ^^^j, 
shall  not  be  allowed  in  any  case  of  absence  from  duty  ex-    absent, 
ceeding  fifteen  days  except  it  be  authorized  by  a  resolution 
of  the  City  Council,  and  in  no  case  for  more  than  sixty  da  vs. 
Excepting  that  the  Council  in  cases  of  absence  due  to  physi- 
cal disability  may  allow  and  fix  compensation. 

Sec.   58.     Be   it  further  enacted,   That  the   surety   in   all  officers  and 
bonds  required  by  the  terms  of  this  Act  to  be  given  by  city    b3'°.^*^*^* 
officers    or    employes    shall    be    a    regularly    incorporated 
surety  or  indemnity   company  which   is  authorized   to   do 
business  in  the  State  of  Tennessee;  and  that  all  officers  and 
employes  who  shall  be  employed  by  the  city  shall  be  elected 
or  appointed  with  reference  to  their  qualifications  and  fitness, 
and  for  the  good  of  the  public  service,  and  without  reference 
to  their  political  faith  or  party  affiliations;  and  that  their 
first  allegiance  shall  be  to  the  city;  and  that  it  shall  be  un- 
lawful for  any  candidate  for  office,  whether  for  a  position  promise  of 
on  the  City  Council  or  other^vise,  in  the  employment  of  said    ^^'^ri"'^ 
city,  to  directly  or  indirectly  give  or  promise  any  person    unlawful, 
or  persons  any  office,  employment,  benefit  or  anything  of 
value,  for  the  purpose  of  influencing  or  obtaining  the  politi- 
cal support,  aid  or  vote  of  any  person  or  persons;  and  a 
violation  of  this  provision  of  this  Act  shall  constitute  a  mis-  penalty, 
demeanor,  and  in  addition  to  being  sufficient  cause  for  the  re- 
moval of  such  officer  or  officers  as  herein  before  provided 
the  person  so  offending  shall  upon  conviction,  be  fined  not 


92 


CHARTER 


less  than  Five  Hundred  (^500.00)  Dollars,  nor  more  than  One 
Thousand  (^1,000)  Dollars,  and  imprisoned  for  not  less  than 
six  (6)  months  nor  more  than  one  (1)  year. 

Sec.  59.  Be  it  further  enacted,  That  this  Act  is  hereby 
Public  Act.  declared  to  be  a  public  Act,  and  may  be  read  in  evidence  in 
all  Courts  of  law  and  equity,  which  shall  take  judicial  notice 
hereof;  and  all  ordinances,  resolutions  and  proceedings 
of  said  city  may  be  proved  by  the  seal  of  the  corporation, 
attested  by  the  City  Clerk;  and  when  printed  and  published 
by  authority  of  the  corporation,  the  same  shall  be  received 
in  evidence  in  all  courts  and  places  without  further  proof. 

Sec.  60.  Be  it  further  enacted,  That  the  right,  title  and 
Transfer  of  Ownership  of  all  property,  and  all  uncollected  taxes,  dues. 
Property,  etc.  (,j^j^j^g^  judgmcuts,  dccrecs,  and  cases  in  action,  and  all  other 
property  whatsoever,  real,  personal,  or  mixed  belonging  to, 
held  6r  owned  by  the  said  city  shall  be,  and  are  hereby  trans- 
ferred to  and  vested  in  the  corporation  chartered  and  organ- 
ized under  this  Act,  with  full  power  in  the  municipal  cor- 
poration chartered  ^under  this  Act  to  enforce  all  rights  of 
the  municipal  corporation  which  it  supersedes.  Said  cor- 
poration under  this  Act  shall  answer  and  be  liable  for  all 
debts,  contracts,  and  obligations  of  the  corporation  which 
it  succeeds,  in  the  same  manner  and  proportion  and  to  the 
same  extent  as  said  municipal  corporation  is  liable  under 
existing  laws. 

Sec.  61.  Be  it  further  enacted.  That  this  Act  is  hereby 
declared  to  be  a  complete  system  of  municipal  government 
for  said  city;  and  no  office  or  officers  shall  have  or  exercise 
any  power  or  authority  not  herein  conferred  anything  in 
former  Acts  pertaining  to  and  covering  said  city  to  the  con- 
trary notwithstanding. 

Sec.  62.  Be  it  further  enacted.  That  all  ordinances,  laws, 
resolutions  and  by-laws  duly  enacted  and  in  force  when 
this  Act  becomes  effective  and  not  inconsistent  with  its 
provisions  shall  not  be  considered  as  being  repealed,  but  shall 
remain  in  full  force  and  effect  until  repealed,  modified,  or 
amended  as  herein  provided. 

Sec.  63.  Be  it  further  enacted,  That  each  section  of  this 
Act  is  herein  declared  to  be  separate  and  independent  from 
every  other  section  hereof;  and  the  invalidity  of  any  section 
or  sections  hereof  shall  not  be  construed  as  affecting  the 
validity  of  the  remaining  sections,  as  the  same  would  have 
been  passed  by  the  General  Assembly  if  such  invalid  section 
or  sections,  if  any,  had  been  stricken  out  before  the  passage 
of  this  Act. 


Complete 
system  of 
Government. 


Former 
Ordinances 
adopted. 


Isolating 
Invalidities. 


Mayor  ^EC.    64. 

continued  in    of  the  city  of  Nashville  shall  be  and  continue  in  the  office 

Oiiice.  -^ 


Be  it  further  enacted.  That  the  present  Mayor 

)f  Nashville  shall  be  and  continue  in  the  office 

of  Mayor,  and  as  such  shall  be  invested  with  all  of  the  powers 


CITY  OF  NASHVILLE  93 

and  duties  of  Mayor  as  provided  in  this  Act,  until  the  ex- 
piration of  this  term  of  office,  on  the  first  Tuesday  following 
the  second  Thursday  in  October,  1921,  or  until  a  vacancy 
occurs  at  which  time  the  City  Council  shall  elect  a  Mayor, 
as  provided  in  this  Act. 

Sec.  65.  Be  it  further  enacted,  That  the  present  Com" 
missioner  of  Finance,  Lights,  and  Market  House,  and  the  ^"^J^jf^^^-fn"^ 
present  Commissioner  of  Fire,  Street  Sprinkling  and  Build-  office, 
ing  Inspection  shall  continue  in  the  employ  of  the  city  until 
the  expirations  of  the  terms  of  ofhce  to  which  they  were 
elected,  towit:  The  first  Tuesday  after  the  second  Thursday 
in  October,  1923,  or  their  present  salaries  of  Five  Thousand 
(^5,000.00)  Dollars  per  annum;  and  that  the  present  Com- 
missioner of  Water  Works,  Street  Cleaning  and  Workhouse 
and  the  present  Commissioner  of  Street,  Sew^ers  and  Side- 
walks shall  likewise  continue  in  the  employ  of  the  city  until 
the  expiration  of  the  terms  of  office  to  which  they  were 
elected,  towit:  The  first  Tuesday  after  the  second  Thurs- 
day in  October,  1921,  at  their  present  salaries  of  Five  Thou- 
sand Dollars  (?5,000.00)  per  annum.  But  the  said  offices 
to  which  they  were  elected  are  hereby  abolished,  and  the 
above  mentioned  incumbents  shall,  from  and  after  the 
taking  effect  of  this  Act,  be  and  become  members  of  the '  Board 'of' 
Board  of  Public  Works  herein  before  created,  and  shall  ^y^tkl 
perform  such  other  services  as  may  be  assigned  to  them  by 
the  Mayor.  As  vacancies  occur  in  the  Board  as  first  con- 
stituted, they  shall  be  filled  by,  first,  the  City  Engineer,  then 
the  Superintendent  of  Waterworks,  then  the  Superintendent 
of  the  Electric  Light  Plant,  and  lastly  by  the  City  Health 
Officer,  at  which  time  the  Board  will  be  permanently  con- 
stituted as  designed  in  this  Charter. 

"Upon  the  taking  effect  of  this  Charter  all  officers  and  officers  and 
employes  of  the  city  not  otherwise  dealt  with    herein    and    ^"tlnued^ 
whose  offices  and  duties  have  not  been  discontinued  by  this    inoffiec. 
Act,  shall  continue  in  office  and  in  the  performance  of  their 
duties  until  provision  shall  have  been  made  in  accordance 
with  the  terms  of  this  Charter  for  the  performance  or  dis- 
continuance of  the  duties  of  any  such  office  or  service,  or 
until  they  shall  be  discharged  or  removed  in  conformity  with 
the  provisions  of  this  Charter. 

"Sec.  66.  Be  it  further  enacted,  That  until  otherwise  po„i„g  p,.,j.gg 
changed  in  the  manner  provided  by  law,  the  polling  places 
in  the  wards  designated  and  described  in  this  Act  shall  be 
the  same  as  they  were  fixed  at  the  time  of  the  passage  of 
this  Act,  provided  that  in  the  event  there  shall  be  no  polling 
place  within  the  territory  of  any  ward  designated  under 
this  Act  then  for  the  purpose  of  the  first  election,  the  elec- 
tion Commissioners  of  Davidson  County  may  designate  a 
polling  place  or  polling  places  for  such  ward. 


94 


CHARTER 


^j^j^^j.  "Sec.  67.    Be    it    further   enacted,    That    the    Mayor   shall 

Commis-  appoint  a  Planning  Commission  and  an  Engineering  Com- 
mission, each  to  be  composed  of  three  members;  and  he 
shall  have  the  right  to  appoint  other  committees  of  citizens 
to  advise,  aid  and  cooperate  in  matters  affecting  the  public 
health,  safety  or  morals,  or  otherwise  aflfecting  the  city's 
inter-safety  or  morals,  or  otherwise  affecting  the  city's 
interests,  and  all  persons  so  selected  shall  be  chosen  because 
of  special  knowledge,  skill  or  experience  with  respect  to  the 
particular  matter  that  they  are  to  deal  with.  They  shall 
serve  without  compensation,  and  shall  hold  their  positions 
at  the  will  and  pleasure  of  the  Mayor,  and  their  duties 
shall  be  only  advisory,  and  they  shall  have  no  authority  to 
create  anv  liability  against  the  city." 

connciimen  S^^'  ^^ •     ^^  ^^  fiirthev  etiacted,  That  it  shall  be  unlawful 

prohibited  for  auy  member  of  the  City  Council  directly  or  indirectly 
requesting  to  rcqucst  the  Mayor,  or  other  city  officer  or  employe,  to 
Appointments,  appoint  or  uomiuatc  or  employ  any  person  to  any  position 
holding  office  or  performing  any  service  under  this  Charter; 
and  that  any  violation  of  this  provision  shall  be  deemed  a 
misdemeanor,  and  upon  presentment  and  conviction  shall 
be  fined  not  less  than  Fifty  Dollars  nor  more  than  One  Thou- 
sand Dollars,  and  in  addition  imprisoned  in  the  County 
Workhouse  for  not  less  than  ninety  days  nor  more  than 
twelve  months.  That  no  person  related  to  any  member  of 
the  City  Council  within  the  fourth  degree  of  affinity  or  con- 
sanquinity  shall  be  employed  by  the  Mayor  or  in  any  of  the 
departments  the  expenditures  of  which  are  made  by  him. 

Sec.  69.     Be  it  further  enacted,  That  all  laws  or  parts  of 
laws  in  conflict  herewith  be  and  the  same  are  hereby  repealed. 

Sec.  70.     Be  it  further  enacted.  That  this  Act  take  effect 
from  and  after  its  passage,  the  public  welfare  requiring  it. 
Passed  February  10,  1921. 

Andrew  L.  Todd, 

Speaker  of  the  House  of  Representatives. 
W.  B.  Bond, 
Speaker  of  the  House. 


Penalty. 


Repealine . 


Approved  February  11,  1921. 


A.  A.  Taylor, 


Governor. 


CITY  OF  NASHVILLE  95 


CHAPTER  NO.  771. 
Senate  Bill  No.  1078. 

Private  Acts,  1921. 
(Davidson  Delegation.) 

An  Act  to  extend  the  corporate  limits  of  the  City  of  Nashville. 
Tennessee. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Tennessee,  that  the  corporate  limits  of  the  City 
of  Nashville,  Tennessee,  shall  be  extended,  so  as  to  annex 
and  include  within  the  corporate  limits  of  said  city  the 
following  contiguous  territory  now  lying  within  Davidson 
County,  Tennessee,  as  follows,  towit: 

1.  Beginning  on  said  corporate  limits  at  the  intersection 
of  the  center  line  of  Park  circle  with  the  center  line  of  West 
End  Ave.,  from  thence  extending  southwardly  in  a  straight 
line  across  West  End  Ave.  to  the  corner  between  lots  2  and 
3  on  the  southerly  margin  of  said  West  End  Ave.  in  Warner's 
Subdivision  as  recorded  in  book  332,  page  154,  R.  O.  D.  C; 
from  thence  extending  southerly  along  the  dividing  line 
between  said  lots  2  and  3,  to  the  common  corner  between 
lots  2  and  3  and  12  and  13  of  said  subdivision;  from  thence 
extending  along  the  rear  dividing  line  between  lots  2  and  13 
and  lots  1  and  14  of  said  subdivision  and  continuing  easterly 
in  a  line  approximately  straight  therewith  and  crossing  the 
Tennessee  Central  Railroad  to  the  common  corner,  lots  18 
and  19  of  the  West  End  Heights  Subdivision  as  recorded  in 
Book  332,  Page  124,  R.  O.  D.  C,  said  corner  being  the  east- 
erly margin  of  a  street  running  parallel  with  and  adjacent  to 
the  right-of-way  of  the  Tennessee  Central  Railroad;  from 
said  corner  extending  easterly  along  the  dividing  line  between 
said  lots  18  and  19  and  crossing  Fairfax  Ave.  in  a  straight 
line  to  the  center  line  of  an  alley  running  south  of  and 
parallel  with  West  End  Ave.  from  thence  extending  easterly 
along  the  center  line  of  said  alley  to  its  intersection  with 
the  center  line  of  an  alley  running  northerly  and  southerly 
between  Fairfax  Ave.  and  Love  circle,  all  as  shown  on  West 
End  Heights  Subdivision;  from  thence  extending  southerly 
along  the  center  line  of  said  last  mentioned  alley  to  the  center 
line  of  Marlborough  Ave.  as  shown  on  said  West  End  Heights 
subdivision;  from  thence  extending  southerly  at  right  angle 
to  Marlborough  Ave.  200  feet  to  a  point;  from  thence 
extending  easterly  along  a  line  parallel  with  the  southerly 
line  of  Marlborough  Ave.  and  200  feet  distant  therefrom  to  a 
point  200  feet  southerly  from  the  intersection  of  the  center 
line  of  32nd  Ave.  and  the  center  line  of  Blakcmore  Ave., 


06  CHARTER 

extended;  from  thence  extending  southerly  on  the  center 
hne  of  said  32nd  Ave.  projected  to  a  point  200  feet  southerly 
from  and  at  right  angles  to  the  southerly  line  of  Blakemore 
Ave.  extended;  from  thence  extending  southeasterly  along 
a  line  parallel  with  the  southerly  line  of  Blakemore  Ave. 
and  200  feet  distant  therefrom  the  center  line  of  25th  Ave., 
So.;  from  thence  easterly  to  the  southerly  line  of  an  alley 
south  of  and  parallel  with  the  south  line  of  Said  Blakemore 
Ave.;  from  thence  extending  along  the  southerly  line  of 
said  alley  and  continuing  eastwardly  along  the  same  straight 
line  through  Hewlett  St.  (See  Plan  Book  57,  page  67,  R.  O. 
D.  C.)  and  crossing  24th  Ave.,  So.,  and  continuing  easterly 
in  a  straight  line  to  a  point  directly  in  line  with  an  alley 
extending  northerly  and  southerly,  parallel  with  th:*  west- 
erly line  of  21st  Ave.,  So.  (Hillsboro  Road)  and  approxi- 
mately 170  feet  westerly  from  the  line  of  said  21st  Ave.,  So., 
from  thence  extending  southwesterly  along  a  line  parallel 
with  and  approximately  1 70  feet  west  of  the  west  margin  of 
21st  Ave.,  So.,  and  crossing  Carlton  Ave.  and  continuing 
southwesterly  in  the  same  straight  line  to  the  center  of  an 
alley  west  of  and  parallel  with  and  approximately  170  feet 
west  of  the  west  margin  of  said  21st  Ave.,  So.;  and  thence 
continuing  southwesterly  along  the  center  line  of  said  alley, 
approximately  170  feet  and  westerly  from  the  west  line  of 
21st  Ave.  to  and  crossing  Jones  Ave.  and  continuing  along 
the  center  line  of  said  same  alley  to  its  intersection  with  an 
alley  extending  East  and  West  and  south  of  said  Jones  Ave. 
(See  Plan  Book  332,  page  115);  from  thence  extending 
easterly  along  the  center  line  of  said  last  mentioned  alley 
crossing  said  21st  Ave.  to  a  point  on  the  easterly  margin 
thereof;  from  thence  extending  southerly  along  the  easterly 
margin  of  said  21st  Ave.,  So.,  to  the  dividing  line  between 
lots  2  and  3  of  the  Calhoun  Plan;  from  thence  extending 
easterly  along  the  boundary  line  between  lots  2  and  3  and  10 
and  11  of  said  Calhoun  Plan  and  crossing  20th  Ave.,  So.,  in  a 
straight  line  and  continuing  easterly  along  the  dividing  line 
between  lots  14  and  15  and  lots  32  and  33  and  lots  34  and  35 
of  Geo.  W.  Blair's  subdivision  of  Belmont  Subdivision, 
Book  332,  page  56,  R.  O.  D.  C,  and  continuing  in  the  same 
straight  line  along  the  dividing  line  of  lots  3  and  4  and  cross- 
ing Baxter  Ave.  as  shown  on  the  Lenox  Subdivision  recorded 
in  Book  161,  page  171,  and  continuing  along  said  same 
straight  line  approximately,  parallel  with  the  southerly 
margin  of  Overall  Ave.  to  the  center  line  of  an  alley  south 
of  and  parallel  with  Overall  Ave.,  otherwise  known  as  Port- 
land Ave.,  to  the  intersection  of  said  last  mentioned  alley 
with  the  westerly  margin  of  an  alley  west  of  and  approxi- 
mately parallel  with  the  westerly  margin  of  Belmont  Boule- 
vard; from  thence  extending  southerly  along  the  westerly 
margin  of  said  same  alley  to  its  intersection  with  the  south- 


CITY  OF  NASHVILLE  97 

erlv  margin  of  an  alley  south  of  and  approximately  parallel 
with  the  southerly  line  of  said  Blair  Boulevard;  from  thence 
extending  easterly  along  the  southerly  margin  of  said  last 
mentioned  alley  to  its  intersection  with  the  westerly  margin 
of  an  alley  west  of  and  approximately  parallel  with  the 
westerlv  line  of  Belmont  Boulevard.  (See  Plan  Book  421, 
page  34  R.  O.  D.  C);  from  thence  extending  southerly 
along  the  westerly  margin  of  said  alley  and  approximately 
parallel  with  the  westerly  line  of  Belmont  Boulevard  to 
and  crossing  Ashwood  Ave.  and  crossing  Linden  Ave.  and 
crossing  Beechwood  Ave.  to  the  dividing  line  between  lots 
181  and  182  of  the  Belmont  Heights  Subdivision  as  recorded 
in  Book  421,  page  34,  R.  O.  D.  C;  from,  thence  extending 
easterly  along  the  dividing  line  of  said  lots  181  and  182  to  the 
westerly  margin  of  said  Belmont  Boulevard;  from  thence 
crossing  said  Belmont  Boulevard  in  a  straight  line  to  the 
dividing  corner  between  lots  112  and  113  of  said  last  men- 
tioned subdivision,  from  thence  extending  easterly  along  the 
dividing  line  of  said  lots  112  and  113  to  the  easterly  margin 
of  an  alley  running  northerly  and  southerly  and  approxi- 
mately parallel  with  the  easterly  margin  of  said  Belmont 
Boulevard  (See  Plan  book  421  page  34,  R.  O.  D.C.);  from 
thence  extending  northerly  along  the  easterly  margin  of  said 
last  mentioned  alley  and  crossing  Beechwood  Ave.  and  con- 
tinuing along  said  alley  to  the  center  line  of  an  alley  midway 
between  Beechwood  and  Ehnwood  Avenues  (See  Plan  Book 
421,  page  34,  R.  O.  D.  C);  from  thence  extending  easterly 
a^ong  the  center  line  of  said  last  mentioned  alley  and  con- 
tinuing in  the  same  straight  line  crossing  Harpeth  St.  to 
the  intersection  of  the  westerly  line  of  an  alley  west  of  and 
parallel  with  the  Granny  White  Turnpike,  from  thence  ex- 
tending southerly  along  the  westerly  line  of  said  last  mention- 
ed alley  to  the  center  line  of  Dallas  Ave.,  from  thence  ex- 
tending easterly  along  the  center  line  of  Dallas  Ave.  to  the 
center  line  of  the  Granny  White  Turnpike;  from  thence 
extending  across  Granny  White  Turnpike  in  a  straight  line 
to  a  center  line  of  an  alley  midway  between  Halcyon  Ave. 
and  Pope  Ave.,  as  shown  on  the  plan  of  Idlewild,  recorded 
in  book  332,  page  77  R.  O.  D.  C;  from  thence  extending 
easterly  along  the  center  line  of  said  last  mentioned  alley 
to  the  center  line  of  Preston  St.  as  shown  on  said  plan  of 
Idlewild  and  linking  up  with,  and  connecting  with  the 
corporation  line  of  said  city  at  this  point;  from  thence  run- 
ning with  the  present  corporation  line  tf)  the  point  of  Ih-- 
ginning. 

2.  Beginning  on  the  corporate  limits  of  said  city  on  the 
westerly  line  of  9th  Ave-,  So.  at  a  point  approximately  midway 
between  Halcyon  Ave.  and  Knox  Ave.;  from  thence  ex- 
tending easterly  across  9th  Ave.,  So.,  and  at  right  angles 
thereto  a  distance  of  200  feet  to  a  point;  thence  extending 


98  CHARTER 

northerly  along  a  line  parallel  with  and  200  feet  easterly 
from  the  easterly  margin  of  said  9th  Ave.,  So.,  to  a  point  200 
feet  southerly  from  the  southerly  margin  of  Bradford  Ave.; 
from  thence  extending  easterly  along  a  line  parallel  with  and 
200  feet  from  the  southerly  margin  of  Bradford  Ave.  to 
the  center  line  of  the  Louisville  and  Nashville  Railroad; 
from  thence  extending  northerly  along  the  center  line  of 
said  railroad  to  the  corporate  limits  at  the  intersection  of 
Bradford  Ave.;  from  thence  running  with  the  present  cor- 
poration line  to  the  point  of  beginning. 

3.  Beginning  on  the  corporate  limits  of  said  city  in  the 
alley  south  of  and  parallel  with  Humphreys  St.  and  being 
200  feet  westerly  from  the  westerly  margin  of  4th  Ave.,  S.; 
from  thence  extending  southerly  along  a  line  parallel  with, 
and  200  feet  from  the  westerly  margin  of  said  4th  Ave.,  S., 
to  its  intersection  in  a  point  200  feet  west  of  intersection  of 
the  west  margin  of  said  4th  Ave.,  wath  the  westerly  margin  of 
Raines  Ave.,  from  thence  extending  southerly  along  a  line 
parallel  with  Raines  Ave.  to  and  crossing  Brown's  Creek  and 
continuing  to  the  point  where  said  last  described  line  will 
intersect  the  corporate  limits  on  the  boundary  line  of  the 
State  Fair  Grounds;  from  thence  running  with  the  present 
corporation  line  to  the  point  of  beginning. 

4.  Beginning  on  the  corporate  limits  on  the  northerly  boun- 
dary line  of  the  State  Fair  Grounds  at  a  point  200  feet  easterly 
from  the  east  margin  of  Raines  Ave.,  from  thence  extending 
northerly  along  a  line  parallel  with  the  easterly  line  of  said 
Rains  Ave.  to  a  point  200  feet  southerly  from  the  southerly 
margin  of  Morton  St.  or  Ave. ;  from  thence  extending  easterly 
along  a  line  parallel  with  and  200  feet  southerly  from  the 
southerly  margin  of  Morton  St.  to  the  easterly  line  of  the 
right-of-way  of  the  Tennessee  Central  Railroad ;  from  thence 
extending  northerly  along  the  easterly  boundary  line  of  the 
right-of-way  of  the  Tennessee  Central  Railroad  Co.  to  and 
continuing  along  said  same  line  to  and  connecting  with  the  cor- 
porate limits  at  or  near  Decatur  St.,  from  thence  running 
with  the  present  corporation  line  to  the  point  of  beginning. 

5.  Beginning  on  the  corporate  limits  of  said  city  on  the 
Lebanon  Turnpike  at  the  crossing  of  the  Tennessee  Central 
Railroad;  from  thence  extending  northwesterly  along  a 
curved  line  with  the  northerly  boundary  line  of  said  Ten- 
nessee Central  Railroad  to  the  easterly  margin  of  Stanley 
Street;  from  thence  extending  southerly  along  the  easterly 
margin  of  Stanley  Street  to  and  connecting  with  the  cor- 
porate limits  at  or  near  Willow  Street;  from  thence  running 
with  the  present  corporation  line  to  the  point  of  beginning. 

6.  Beginning  at  a  point  on  the  corporate  limits  at  low 
water  mark  on  the  southerly  bank  of  the  Cumberland  River 
at  a  point  approximately  southerly  from  and  opposite  South 
10th   St.;   from    thence    extending   southeasterly    with    the 


'  CITY  OF  NASHVILLE  99 

meanders  of  the  Cumberland  River  at  a  low  mark  to  the 
westerly  boundary  line  of  the  pumping  Station  of  the  City 
of  Nashville;  from  thence  extending  southerly  along  the 
westerly  boundary  line  of  said  Pumping  Station  property, 
and  continuing  in  a  straight  line  therewith  to  a  point  500 
feet  south  of  the  center  line  of  the  Tennessee  Central  Rail- 
road; from  thence  extending  easterly  along  a  line  parallel 
with  and  500  feet  south  of  the  center  line  of  said  Tennessee 
Central  Railroad/  crossing  the  Lewisburg  and  Northern 
Railroad  and  continuing  in  the  same  straight  line  to  a  point 
300  feet  easterly  therefrom;  from  thence  extending  along  a 
line  northerly  and  parallel  with  said  Lewisburg  and  Northern 
Railroad  to  low  water  mark  of  the  Cumberland  River ;  from 
thence  extending  westwardly  along  the  meanders  of  low 
water  mark  of  said  Cumberland  River  to  the  easterly  margin 
of  the  right-of-way  of  said  Lewisburg  and  Northern  Rail- 
road ;  from  thence  extending  northerly  along  the  easterly  mar- 
gin of  the  right  of-way  of  said  Lewisburg  and  Northern  Rail- 
road to  a  point  opposite  the  corporate  limits  in  the  line  of  Rus- 
sell Street  extending  southeasterly;  from  thence  extending 
northwesterly  in  line  with  said  Russell  St.  to  and  connecting 
with  the  corporate  limits  at  or  near  the  northerly  boundary 
line  of  Shelby  Park;  from  thence  running  with  the  present 
corporation  line  to  the  point  of  beginning. 

7.  Beginning  on  the  corporate  limits  on  Russell  St. 
at  a  point  200  fett  southeasterly  fro  r  20th  St.;  from  thence 
extending  northerly  along  a  line  parallel  with  and  200  feet 
easterly  from  the  easterly  margin  of  20th  St.  to  a  point 
opposite  and  in  line  with  the  corporation  line  north  of  and 
parallel  with  Holly  St. ;  from  thence  extending  northwesterly 
in  line  with  the  corporate  limits  north  of  Holly  Street  to, 
and  connecting  with  said  corporat^^  limits  in  20th  Street, 
and  north  of  said  Holly  Street;  from  thence  running  with 
the  present  corporation  line  to  the  point  of  beginning. 

8.  Beginning  on  the  corporate  limits  in  line  with 
Woodland  Street  east  of  19th  St.  extended;  from  thence  ex- 
tending southerly  in  line  with  the  corporate  limits  east  of 
19th  Street  to  a  point  200  feet  southerly  from  the  southerly 
margin  of  Woodland  Street ;  from  thence  extending  westerly, 
along  a  line  parallel  with,  and  200  feet  southerly  from  Wood- 
land Street  to  a  point  200  feet  easterly  from  the  easterly  mar- 
gin of  18th  St.  extended;  from  thence  extending  southerly, 
along  a  line  parallel  with  the  easterly  margin  of  18th  vStreet 
extended,  and  200  feet  therefrom  to,  and  connecting  with 
the  corporate  limits  east  of  said  18th  Street  and  north  of  said 
Holly  Street;  from  thence  running  with  the  present  corpora- 
tion line  to  the  point  of  beginning. 

9.  Beginning  on  the  corporate  limits  in  line  with  Ordway 
Place  extended,  and  east  of  19th  Street  extended;  from 
thence  extending  northerly  in  line  with  the  corporate  limits 


100  CHARTER 

east  of,  and  parallel  with  said  19th  Street  to  a  point  200 
feet  northerly  from  the  line  of  said  Ordway  Place  extended; 
from  thence  extending  westerly  along  a  line  parallel  with  the 
corporation  line  in  Ordway  Place  extended,  and  200  feet 
northerly  therefrom  to,  and  connecting  with  the  corporate 
limits  at  a  point  north  of  Ordway  Place  and  easterly  from 
16th  Street;  from  thence  running  with  the  present  corpora- 
tion line  to  the  point  of  beginning. 

10.  Beginning  on  the  corporate  limits  at  a  point  approxi- 
mately 200  feet  northerly  from  the  northerly  margin  of 
Eastland  Ave.  and  200  feet  southeasterly  from  the  easterly 
margin  of  16th  Street,  and  extending  thence  northerly  along  a 
line  parallel  with  and  200  feet  from  the  easterly  margin  of 
sa  d  16th  Street  to  a  point  200  feet  northerly  from  the  north- 
erly margin  of  Franklin  Ave.  or  Seymour  Ave.;  from  thence 
extending  westerly  along  a  line  parallel  with  and  200  feet  from 
said  Franklin  Ave.  and  Seymour  Ave.  to  a  point  200  feet  west- 
erly from  the  westerly  margin  of  the  Gallatin  Turnpike, ;  from 
thence  extending  southerly,  along  a  line  parallel  with  and 
200  feet  from  the  westerly  margin  of  sa  d  Gallatin  Turnpike 
to,  and  connecting  with  the  corporate  limits,  at  a  point  south 
of  Chickamauga  Ave.  and  west  of  Gallatin  Road ;  from  thence 
running  with  present  corporation  line  to  the  point  of  begin- 
ning. 

1 1 .  Beginning  on  the  corporate  limits  at  the  intersection 
of  Mile  End  Ave.;  with  the  center  line  of  the  Louisville 
and  Nashville  Railroad;  from  thence  extending  northerly 
along  the  center  line  of  said  Louisville  and  Nashville  Rail- 
road to  a  point  200  feet  north  of  the  northerly  margin  of  Mile 
End  Ave.  in  a  line  perpendicular  therewith;  from  thence 
extending  westerly  along  a  line  parallel  with  and  200  feet  from 
the  northerly  margin  of  Mile  End  Ave.  and  continuing  in  the 
same  straight  line  to  the  intersection  of  the  western  line  of 
Meridian  Street,  at  or  near  the  intersection  of  Eastmoreland 
Ave.;  from  thence  extending  northerly,  along  the  westerly 
margin  of  said  Meridian  St.  to  a  point  midway  between  the 
northerly  margin  of  Eastmoreland  Ave.  and  the  southerly 
margin  of  Lucile  St.;  from  thence  extending  on  a  line  midway 
between  and  parallel  with  said  Eastmoreland  Ave.  and  said 
Lucile  St.  to  a  point  200  feet  west  of  the  westerly  margin 
of  the  Dickerson  Road,  (N.  1st  St.)  from  thence  extending 
southerly  on  a  parallel  with  and  200  ft.  west  from  the  west- 
erly marg  n  of  said  Dickerson  Road  and  200  feet  from  the 
westerly  margin  from  North  1st  Street  to,  and  connecting 
with  the  corporate  limits,  at  and  near  the  intersection  of 
Hancock  St.  with  said  North  1st  Street;  from  thence  run- 
ning with  the  present  corporation  line  to  the  point  of  be- 
ginning. 

12.  Beginning  on  the  corporate  limits  in  line  with  21st 
Ave.,  N.,  extended,  and  200  feet  northerly  from  the  northerly 


CITY  OF  NASHVILLE  101 

margin  of  Buchanan  St.;  from  thence  extending  westerly, 
parallel  with  and  200  feet  northerly  from  the  north  line  of 
said  Buchanan  St.  to  a  point  200  feet  west  of  24th  Avenue, 
North;  from  thence  extending  southerly  along  a  line  parallel 
with  and  200  feet  from  the  westerly  margin  of  24th  Ave.,  N., 
to  and  intersecting  w  th  the  northerly  line  of  the  brick  work 
of  the  second  ward  trunk  sewer  as  shown  on  the  plans  on 
record  in  the  C.ty  Engineer's  Office  of  NashviUe,  Tennessee; 
from  thence  extending  westerly  with  the  northerly  line  of  the 
brick  work  of  the  said  second  ward  trunk  sewer  to  low  water 
mark  of  the  Cumberland  River;  from  thence  extending  down 
the  Cumberland  River  at  low  water  mark  to  a  point  opposite 
and  in  line  with  a  straight  line  midway  between  37th  and  38th 
Avenues,  North;  from  thence  extending  southerly  in  a 
straight  line  with  said  last  described  line  to  a  point  connecting 
with  the  corporate  limits  of  said  City  on  the  northerly  mar- 
gin of  Jefferson  Street  or  Centennial  Boulevard  midway 
between  said  37th  and  38th  Avenues,  North;  from  thence 
running  with  the  present  corporation  line  to  the  point  of 
beginning. 

13.  Beginning  on  the  corporate  limits  of  said  city  on 
Minnesota  Ave.  at  a  point  west  of  the  intersection  of  42nd 
Ave.  therewith;  from  thence  extending  southerly  and  at 
right  angles  to  said  Minnesota  Ave.  and  200  feet  to  a  point, 
from  thence  extending  southeasterly  along  a  line  parallel 
with  and  200  feet  from  the  southerly  margin  of  Minnesota 
Ave.  (West  Nashville  Road)  to  the  westerly  margin  of  the 
right-of-way  of  the  Tennessee  Central  Railroad ;  from  thence 
extending  southerly  along  the  westerly  margin  of  the  right- 
of-way  of  said  Tennessee  Central  Railroad  to  and  con- 
necting with  the  corporate  limits  where  the  latter  line  crosses 
said  Tennessee  Central  Railroad;  from  thence  running 
with  the  present  corporation  line  to  the  point  of  beginning. 

Sec.  2.  Be  it  further  enacted,  that  this  Act  shall  take  effect 
from  and  after  its  passage,  the  public  welfare  requiring  it. 
Passed  April  6th,  1921. 

W.  W.  BOND, 

Speaker  of  the  Senate. 

ANDREW  L.  TODD. 
Speaker  of  the  House  of  Representati.es. 
Approved  April  9,  1921.  A.  A.  TAYLOR,  Governor. 


INDEX    TO  CHARTER. 


{References  to  sections,  sub-sections,  and  pa;;jes.) 

ABUTTING  PROPERTY  PAVING  LAW. 

Abstract ,  iteiTi  of  cost  in  ass2ssineat _  .    . 

Accounts,  improvement  funds,  how  kept. 
Appeals  from  chancery  sales,  how  taken.. 
Assessments  due  thirty  days  from  completi  j.i. 

Assessments  limited _    . 

Assessments  payable  five  annual  installments  .       . 
Authority  of  enforcing  improvements,  in  Board. . . 

Bids  for  improvement,  taken  when . 

Bonds,  street  improvement,  form  of 

Bonds,  street  improvement,  fund  account,  how  kept . 

Bonds,  street  improvement,  how  called .    , 

Bonds,  street  improvement,  liquidated,  special  tax  levy 

Bonds,  street  improvement.  Ordinance,  how  enacted 

Bonds,  street  improvement,  covers  assessment  of 

Bonds,  street  improvement,  retired  before  maturity,  how. 

Bonds,  street  improvement,  sale,  how  made 

Bonds,  street  improvement,  not  affected  by  errors 

Bonds,  City's  prorata,    one-third 

Book  "Special  Assessment"  kept _ 

Bought  in  by  Mayor 

Chancery  Court  jurisdiction  to  enforce  payment 

City  Attorney,  abstract  ordered  by   . .. 

City  Attorney,  collects .    

Confirmation  of  assessment 

Confirmation  final  fixing  of  costs... 
Contract  for  improvements,  let  how. 

Contractors  bond 

Costs  apportioned,  how. . 

Costs  assessed,  two-thirds  to  abutters 

Costs  of  City's  part,  provided 

Costs  of  improvements,  include  what 
Costs  of  paving  between  tracks    . 
Costs  protested  by  abutters,  how. 

Coupons ,  form  of 

Delinquent  installments  for  sixty  days 

Errors  corrected    

Errors  do  not   invalidate   assessment 

Errors  do  not  invalidate  bond  or  assessment. 

Evidence  "Special  Assessment  Book." 

Funds  collected,  kept  in  special  accounts 
Hearing  remonstrances,  advertised  two  weeks 
Improvements  authorized,  what 
Improvement  made,  Ijy  whom 
Improvement  mandatory,  wiicn  .  ... 

Installment  payment,  how  elected ... 

Interest  and  penalty  on  delinquent  payments 

Jurisdiction  to  enforce  in  Board 

Ivien  attaches,  when. ... 

Lien  is  upon  the  fee 

Lien,  minute  book  is  notice  of ^ 

Lien  priority,  order  of '. 

Notice  of  hearing  on  assessment  of  costs 

Notice  of  remonstrances  or  protests 


Sec 

tion 

Page 

-n 

vb) 

55 

42 

(14) 

61 

42 

(b) 

54 

42 

(7) 

53 

42 

(4) 

51 

42 

(7) 

53 

42 

(1) 

49 

42 

(3) 

50 

42 

(9) 

57 

42 

(9) 

55 

42 

CM 

.■)3 

42 

(^') 

56 

42 

(9) 

55 

42 

(9) 

55 

42 

(9) 

58 

42 

(9) 

56 

42 

(13) 

60 

42 

(18) 

62 

42 

(8) 

53 

42 

(17) 

62 

42 

(8) 

54 

42 

(8) 

55 

42 

(8) 

54 

42 

(6) 

52 

42 

(6) 

52 

42 

(3) 

50 

42 

(3) 

51 

42 

(4) 

51 

42 

(4) 

51 

42 

(18) 

62 

42 

(4) 

51 

42 

(5) 

51 

42 

(6) 

52 

42 

(9) 

5.S 

42 

(8) 

54 

42 

(6) 

52 

42 

(13) 

60 

42 

(19) 

65 

42 

fl6) 

62 

42 

(14) 

60 

42 

1.2) 

50 

42 

(1) 

49 

42 

(3) 

50 

42 

(I) 

44 

42 

(7) 

53 

42 

(7) 

53 

42 

(1) 

49 

42 

(8) 

55 

42 

(8) 

54 

42 

(8) 

55 

42 

(8) 

54 

42 

<6,) 

52 

42 

'2) 

50 

104 


INDEX 


Section. 


Objections  waived  .    _    . 

Owners  two-thirds  frontage  petitioning 
Payment  entire  assessment,  when  . 
Payment  in  installments,  when,,- 

Payments  of  assessment,  made  how 

Penalty  and  interest  on  delinciuent  payments. 
Petition  of  two-thirds  al)utters  to  pay  total  cost 


42 

42 
42 
42 
42 
42 
42 


Prorating  cost  of  assessment,  hearing _  _    _    .  . 42 

"Public  Improvement  Account"  at  bank 42   ( 

Quit  claim  for  debt 42   ( 

Rails  removed  and    replaced 42  ( 

Railway  tracks  in  street,  paving  paid  how 42   ( 

Remonstrance,  action,  what  may  be  taken _ 42 

Remonstrance  advertised  two  weeks 42 

Remonstrance  against  what ^   42 

Resolution  authorizing  improvements 42 

Sewer  connections  made 42    ( 

Streets,  etc.,  to  be  improved,  designated _• 42 

Special  assessment  books  kept 42 

Specifications,  etc.,  estimates  on  file - 42 

Tax  levy  to  pay  bonds  or"dered,  if  necessary 42 

Treasurer  keeps  accounts 42 

Treasurer  liable  for  keeping  of  funds .42 

Title  under  sale  enforcing  payment  in  bar  of  equity _    .42 

\'ouchers  on  "Public  Improvement  Account" .42 

Waiver  of  invalidities,  how . 42 

Water  connections 42 


ANNEXATION  OF  NEW  TERRITORY. 

Consent  of  City  by  Ordinance  necessary 1 

Election . . 1 

Notice .- - 1 

Petition 1 

ANIMALS. 

Cruelty  to S 

Jurisdiction  over  Humane  Commission .  _  51 

Pound  for 8 

Running  at  large 8 

APPROPRIATIONS. 

Contracts,  no  interest  in  whatever 28 

Diverting  appropriations  penalized 2>% 

E.xpenditures  $500,  and  under,  how  made 27 

Expenditures  more  than  $1000,  how  authorized 27 

Expenditures,  official  interest  in,  prohibited .  _  27- 

Hospital  expenditures  over  $500 . 49 

Hospital  expenditures  under  $500 49 

Hospital  expenditures  under  Si 50 49 

Humane  Commission  expenditures,  how  made ^ 51 

Ordinance,  by 8 

Park  Commissioners'  expenditures,  how  made 52 

Schools  for  $500,  more  and  less  than,  how  made 50 

School  purposes,  by  Board  of  Education 50 

Sinking  Fund,  etc.,  cannot  be  diverted 31 

ART,  MUNICIPAL  AID. 

Commission,  how  appointed 52 

Commission,  term  of 52 

Control  of  art  interests 52 


(30) 

07) 
(17) 


Page. 
53 
49 
53 
53 
53 
53 
61 
52 
61 
62 
59 
58 
50 
50 
50 
49 
59 
49 
53 
49 
59 
60 
61 
54 
61 
53 
59 


11 
11 
11 
11 


(6) 
(6) 


20 
73 
19 
19 


39 
48 
l?> 
38 
38-39 
70 
70 
70 
73 
17 
76 
71 
71 
41 


(6) 
(6) 
(5) 


76 
76 
75 


INDEX  105 

Section.       Page. 
ASSESSMENT  FOR  TAXES. 

Erroneous  assessments  corrected,  how 29  39 

Equalized  by  Board -.  25  36 

Laws  governing 29  39 

Omitted  property  assessed,  how ..  29  40 

Privileges — same  as  State ..     8    .  (2)         17 

Real,  personal,  and  mixed  property  subject  to _  29  39 

Special — street  improvement _.  42  (6)         52 

Special — sidewalk  and  curb _-  55  (3)         86 

Special— gutter ..  56  (3)         89 

Tax  Assessor  makes -_  29  39 

Water • 8  (22)         19 

BOARD  OF  PUBLIC  WORKS. 

Alnitting  property  improvements .16  30 

Duties  of  members 16  30 

Improvement  of  streets,  etc .-42  49 

Mayor  Chairman 1 16  29 

Members,  who  are 16  29 

Members,  who  are  first 65  93 

Powers  of . 16  30 

BONDS 

Aljutting  improvement  contractors'  bonds 42  (3)         51 

Abutting  improvement  abutters'  issue 42  (9)         55 

.\butting  improvement  abutters'  bonds  (see  title, .".\butting 

Property,  Etc. " j 

.Abutters' and  city's  prorata  costs  bonds .                     42  (18)         62 

.Abutting  tax  levy  to  retire .-  42  (12)         59 

•Anticipation  notes 33  44 

.Approval  of,  for .  40  48 

-Authorized  by  Ordinance ___.,                                       ..     8  (6)         17 

Books  for  keeping  in 31  42 

Called  for  redemption  or  payment 31  42 

Cancel,  posted  in  book 31  42 

Contract 40  48 

Errors  validated . .42  (13)         60 

Expenses  of  issuance,  paid  from  what 36  4  ' 

Funding  bonds,  referendum  not  necessary 34  46 

General  Improvement  (see  title),  ".Abutting  Improvements"..  42  (18)         62 

Hospital  Commissioners'  bonds 49  68 

Interest  ceases  from  what  date 31  42 

Mayor's  fixed 11  22 

Officers  and  employees  fixed,  how 9  (1)         21 

Officers  and  employees  secured,  how 58  91 

Quarterly  purchase  of 31  42 

Referendum  for  issue 34-35  46-47 

Replace  public  buildings,  etc.  _                                                           .     8  (3)         17 

Redeemed  from  Sinking  Fiyid    31  42 

Report  semi-annually  bonds  bought 31  43 

Refund  and  bonds,  no  referendum 34  46 

Surplus  of  proceeds,  how  used 36  47 

Revenue  anticipation  or  notes,  issued  how 32  43 

Transportation  facilities                                                                     ..   53-.A  80 

BOUNDARIES 

City,  same  as  formerly 1  5 

City,  extension  of      1  11 

Extension  of,  ch.  771  Priv.  Acts  1921. 95 

Wards,  fifteen I  5 


24 

37 

24 

4i>- 

37 

4^ 

24 

37 

24 

16 

37 

4S 

24 

37 

37 
37 

(3) 

17 

(7) 

17 

(23) 

19 

(20) 

19 

67 

92 

(24) 

24 

106  INDEX 

Section.    Page. 
BUDGET. 

Adopted  by  Ordinance..: . 11 

.\inount  nol  lo  exceed  revenue 26 

Annually  prepared  and  published II 

Balances  carried  over 37 

Bonds,  proceeds  from,  not  included  in  limit 26 

Diverting  funds  penalized 3S 

Estimates  of  each  department  itemized 11 

Insurance  from  loss,  asset 26 

Mayor  prepares II 

Ordinance,  amended  when 6 

Revenues  defined 26 

Penalty  to  exceed 38 

Publication  of 11 

Sinking  Fund  cannot  be  transferred 26 

Transfers  from  one  to  another  department 26 

Tuition  fees  to  current  school _   26 

BUILDINGS 

Bonds  to  replace 8 

City  can  erect,  what .. 8 

Fire  engine  halls 8 

Regulation  of 8 

Supervisor  of  under  Civil  Service 46 

Transfer  from  former  to  present  corporation 60 

Workhouse,  etc 8 

CANDIDATES. 

(See  "General  Elections,"  "Primary  Elections.") 

l"nlawful  to  olTer  position,  when 58  91 

CHARTER  ACT. 

Complete  system 61  92 

Public  Act 59  92 

Repealing  section,  former  charter 69  94 

CHARITIES  COMMISSION  OF  DAVIDSON  COUNTY. 

$2,500,  as  much  as 8  (6)         17 

CITY  OF  NASHVILLE. 

Boundaries  same  as  formerly .-      1 

Boundaries  enlarged,  see  Acts  of  192 1-Ch  771 

Corporation  created 1 

Corporate  powers 2 

Divided  into  15  wards 1 

Takes  efifect 70 

Transfer  of  property,  debts,  etc 60 

CHANCERY  COURT. 

Sidewalk  assessment,  collected  through 55 

Street  improvement  assessments,  collected  through 42 

Taxes  collected  through 29 

CITY  ATTORNEY. 

.Vbslract  of  title  ordered  by 42 

Appointed  how   7 

Assistants 1 23 

Digest  prepared  by 48 

Duties '----  23 

Quali  fications 23 

Sidewalk  assessments  collected  by 55 

Special  assessments  collected  by 42 


0 

95 

5 

11 

3 

94 

92 

(3) 

87 

(8) 

54 

40 

(8) 

55 

16 

34 

67 

34 

34 

(3) 

87 

(8) 

54 

IN'DEX 


CITY  AUDITOR. 

Bond 

Compensation  fixed,  how 

Duties 

Elected  by  City  CounciL 
Qualifications 


107 

iection. 

Page. 

14 

29 

14 

29 

14 

29 

7,14 

16,28 

14 

28 

- 

16 

15 

29 

46 

67 

15 

29 

15 

29 

15 

29 

CITY  CLERK. 

Appointed  and  confirmed  by  whom 

Bond 

Civil  Service,  under . 46 

Compensation  fixed,  how 
Duties 

Qualifications  _.. 

CIVIL  SERVICE  AND  PENSION  BOARD. 

Charges  in  writing  and  preferred  how 24  35 

City  Clerk  is  Clerk  of 15  29 

Discharge  of  employees  under 24  35 

Employees  under ._. 46  67 

Humane  Officers  under 43  65 

Inquisitorial  powers _^ 24  35 

Members  and  term  of  office -. 24  34 

Officers,  under 46  67 

Organization  of  Board 24'  34 

Pension  hearings 24  36 

Punishment . 24  35 

Reduction  in  number,  who  designates 46  67 

Rules  and  qualifications 1 24  35 

Subpoena  and  summons,  power  to  enforce , 24  35 

Trials.  24  35 

\'acancy  filled  how 24  34 

CITY  COUNCIL. 

Appoint  of  (officers  confirmed  by  ,7  16 

Called  meetings,  notice .  _     4  14 

City  Auditor  elected  by 7  16 

Composed  of  15  councilmen  3  12 

Legislative  powers  in 3  12 

Mayor  elected  by      .  7  16 

Meetings,  regular,  adjourned  and  called  4  14 

Notes  on  Bond  issue  33  44 

Officers  confirmed  by  7  16 

Ordinances,  powers  by .S  16 

President      4  14 

Special  meetings  called 11  23 

Quorum  at  meetings ..4  14 

Quasi-judicial  powers . ._     5  14 

Resolution,  powers  by .    10  21 

Revenue  notes  issued  by  32  43 

Rules  of  procedure . .     _    .  4  14 

Vacancy,  special  election  to  fill  ^  15 

A'ice-Presidc'iit  4  14 

CITY  COURT. 

(See  "Judge  of  City  Court.") 


Clerk  of,  appointed  and  confirmed  by  whom  7  16 

CITY  PROPERTY. 

How  to  hold  and  to  sell .                                 _. 2  11 

Transfer  from  old  to  new  corporation                                 60  92 


46 

67 

11 

22 

9 

(2) 

21 

11 

24 

lOS  IXDEX 

Section.        Page 

CLERKS  AND  EMPLOYEES. 

Civil  Service,  wlio  under 

How  employed  _-    . 

Salaries,  how  fixed 

When  and  how  discharged 

COMMISSIONERS. 

Continued  in  ofiice_  ^-^  93 

COMPTROLLER. 

Api)ointe(l '  'o 

Bond 17  -^(^ 

Distress  Warrants  issued  by  29  40 

Gutter  costs  collected  by .  --  —  ■- 56  (.^)         89 

Omitted  taxes  assessed  by -  29  40 

Qualifications 1"  -^'^ 

Report  on  Sinking  Fund .  -^1  +3 

Salary     17  30 

Sidewalk  and  curbing  costs  collected  by 55  (3)         86 

CONTRACTS. 

Abutting  improvements,  how  let_  _  42  (3)         50 

Advertised  when  for  more  than  §500  _       _  27  38 

Affidavit  showing  parties  at  interest 27  38 

Alterations  must  be  in  writing 27  38 

Bids  may  be  rejected 27  38 

Bonds  to  secure +0  |8 

Convict  labor  cannot  be  employed 27  39 

Domestic  contractors  favored 27  39 

Estimates  required H  24 

Ivxecuted  how 11  24 

Extras  must  be  agreed  to   in  writing 27  38 

Interest  in  prohibited 28  39 

Liability  created  only  against  funds  in  budget .-_  38  48 

Made  in  corporate  name  of  the  citp H  24 

No  interest  in  any  relative  of  Board  letting 27  38 

Payment  on.  not  made  until  affidavit  filed .----  27  38 

vSeal  and  signature  to,  what  necessary 11  24 

CONVICT  LABOR. 

l{ini)l()yed  not  in  city  work ^ 27  39 

COUNCILMEN. 

Compensation --  '^  1"^ 

Corrupt  practices 58,68  91,94 

Elected,  one  from  each  ward 3  12 

Ivlected,  when         3  13 

Eligibility    , 3  13 

Imi)eachment  of 5  14 

Xon-at tendance  at  meetings 4  14 

Oath  of  office.  3  13 

Promising  jobs,  etc  58  91 

Qualifications 3,12  13.25 

Relatives  cannot  be  employed 68  94 

Recall ,  removed  by    ■    .  13  26 

Soliciting  employments  68  94 

Term  of  office  3  1 .3 

Vacancy,  special  election  to  fill  3  13 

CRUELTY  TO  ANIMALS. 

Humane  Commission  has  jurisdiction  "-  51  '3 

Punishable  under  ordinance  8        (30)         20 


INDEX  1 09 

Section.       Page. 
CORRUPT  PRACTICES. 

Promises,  etc.,  of  employment 58  91 

Requesting  Mayor  to  employ : 68  94 

CUMBERLAND  RIVER. 

Wharves,  landings,  etc.,  kept  and  regulated 8       (18)         19 

CURBS. 

(See  title  Sidewalks.) 

DIGEST  OF  ORDINANCES. 

Published  when,  and  what   _ 48  67 

DISORDERLY  CONDUCT  AND  HOUSES. 

Prohibited  and  regulate 8       (11)         18 

To  provide  punishment  and  arrest 8       (10)         18 

DONATIONS. 

Credits,  gifts,  etc.,  prohibited _   41  48 

Charities  Commission  of  Davidson  County 8         (6)         17 

Water  to  Federal  Mobilization  camp 41  49 

EDUCATION,  BOARD  OF. 

Appointed  how 50  71 

Budget  of  school  expenses  transmitted 50  71 

Chairman  of  Board,  selected  by 50  71 

Condemnation  of  school  sites,  General  Act,  1913 

Expenditures  within  budget 50  71 

Free  textbooks 50  71 

Insurance  on  employees 50  71 

Members,  impeachment  of - 5  14 

Members,  qualifications  of 50  70 

Members,  nine  compose  Board .50  70 

Members,  appointed  and  confirmed  by  whom 7  16 

Oath  of  members  of  Board 50  71 

Over  S500.00,  except  salaries  authorized,  how 50  71 

Pension  provisions 50  72 

Physical  examination  of  teachers j 50  72 

Position,  how  filled 50  71 

Quorum  is  five  members 50  71 

Rules  made  by 50  71 

Rules  for  schools,  how  made 50  71 

Salaries  fixed  by,  how 50  71 

School  fund  not  diverted 31  41 

School  tax,  special,  authorized 30  41 

vState  and  county  school  tax  paid  by  Trustee,  to  whom 50  71 

Term  of  office ^ 50  70 

Tuition  fees,  to  current  budget 26  37 

Teachers  may  live  outside  city 50  71 

Under  S500.00  appropriated  by... 50  71 

ELECTIONS. 

(See  "General  Elections,"  "Primary  Elections,"  "Special 

Elections."  ) 

Polling  places                                           66  93 

ELECTRIC  LIGHT  PLANT. 

Civil  Service  employees  under 

Electric  light  plant  authorized 

Mayor  controls 

Superintendant  of,  appointed  how .. 


46 

67 

s 

{ -i"  ', 

20 

1  1 

24 

~ 

61 

no  INDEX 

Section.       Page. 
EMINENT  DOMAIN. 

Public  works,  etc S  (8)          17 

School  site  purposes,  General  Acts,  1913. 

ENGINEERING  DEPARTMENT. 

City  Engineer,  appointed  how 7  16 

City  Engineer  under  Civil  Service 46  67 

Mayor  supervises  and  controls 11  24 

EQUALIZATION  TAX  BOARD. 

.\ction  final,  when ^ 25  36 

Certificate  to  assessment  rolls 25  36 

Jurisdiction,  what 25  36 

Meetings,  time  and  place  fixed,  how 25  36 

Members 25  36 

Members,  appointed  how 7  16 

EVIDENCE  IN  COURTS. 

Charter  is  public  Act 59  92 

Ordinance,  etc.,  how  approved  and  passed 6  15 

Ordinance,  how  proved 59  92 

Special  assessment  book  or  copy 42  (16)         62 

EXPENDITURES. 

Affidavit  as  to  interest 27  38 

Authorized  by  City  Council,  when 10  (1)         21 

Five  hundred  dollars  and  over 27  38 

Hospital  Board,  make 49  70 

Interest  in  prohibited 27  38 

Mayor's  power,  to  make 11  23 

One  thousand  dollars  and  over 27  38 

Originated  by  Board  of  Public  Works 16  30 

EXPLOSIVES  AND  COMBUSTIBLES. 

To  regulate  and  prohibit  storage  of  combustibles 8  (13)         18 

To  regulate  and  prohibit  dangerous  business 8  (12)         18 

FINES  AND  PENALTIES. 

Appeals  grantable,  when 21  33 

Contempt  not  over  $50  nor  ten  days 5  15 

Non-attendance  by  Councilmen 4  14 

Over  $50  not  allowed 8  (31)         20 

FIRE  DEPARTMENT. 

Age  limit  to  appointees 24  35 

Chief  appointed,  how 7  16 

Civil  Service,  under 46  67 

Civil  Service 24  34 

Employed,  how 11  22 

Established  by  Ordinance 8  (23)          19 

Mayor  supervises  and  controls 11  24 

Organization 44  66 

Pensions ■54  S3 

Salaries  fixed -       45  67 

Substitutes  not  under  civil  service 24  36 

Vacations 44  66 

FIRE  ESCAPES. 

Fire  escapes  erected  and  enforced  by.                8  (20)          19 

FORESTALLING  AND  REGRATING. 

Food  inspection  of,  restraining,  etc -      S  (16)          19 


INDEX  1  1  1 

Section.     Page. 
FORMER  OFFICIALS  ELECTED. 

Commissioners ^.   6,S  93 

Mayor  holds  unexpired  terms ,64  92 

Officers  and  employees  hold  over 65  93 

FRANCHISES. 

Election  ordinance,  final  passage  ninety  days 35  47 

Expenses  for  submitting,  how  paid 35  47 

Extentions  of  existing,  by  majority 35  47 

Franchises  granted  by  ordinance 8  (21)          19 

Referendum  required 35  47 

Renewal  of,  not  before  one  year  prior  to  expiration 35  47 

FRONT  FOOT  ASSESSMENT  LAW. 

(See  "Abutting  Propertv  Paving  Law.") 

GAS  PLANT 

Gas  plant  authorized 8  (27)         20 

GENERAL  ELECTIONS. 

Bond  ordinance  submitted,  how 34-35  46-47 

Candidates  must  be  nominated  in  primary 12  25 

Councilmen 3  12 

Corrupt  practices ._ 58  91 

Franchises  submitted  at 35  47 

Property  qualifications  of  voter .' 13  26 

Registered  under  State  laws 13  26 

Registration,  supplemental 12  25 

Recall,  election \?<  26 

Security  for  costs  of  recall 13  27 

State  laws,  election  held  under j. 13  26 

Time  held . 12  25 

Tie  vote,  re-referred  to  people 13  26 

Voters'  qualifications 13  26 

GENERAL  POWERS  AND  LIABILITIES. 

.\dministrative,  in  Mayor 11  21 

Legislative,  in  City  Council 3  12 

Liabilities,  limitations,  and  powers 2  11 

Quasi-judicial,  in  City  Council 5  14 

GUTTERS. 

.Abstract  fee,  lien,  how  ordered.  -                               56  (3)         91 

Assessments,  due  when   56  (3)         89 

Assessments,  how  made .56  (3)         89 

Authority  to  construct . 56  (1)         89 

Bonds  issued ._ 56  (1)         89 

Chancery  Court  has  jurisdiction 56  (3)         90 

City  Attorney,  collects  when    56  (3)         90 

Comptroller  mails  out  notices 56  (3)         89 

Construction  provided  for  by  ordinance S  (25)         20 

Delinquent  assessments,  how  collected                                                  56  (3 )         90 

Funds,  from  gutter  payments  rotate.                                                    56  (4)         91 

Funds,  not  put  in  budget 56  (4)         91 

Gutter  book,  how  made  up 56  (3)         89 

Gutter  book,  kept  by  Comptroller 56  (3)         89 

Illegality,  waived  by  payment  by  installments .                              .   56  (3)         90 

Installments,  payment  by,  when  waived 56  (3)         90 

Installments,  when  payment  by 56  (3)         90 

Lien,  attaches  when 56  (3)         90 

Lien,  date  of  shown  bv  minute  book,,                                                    56  (3)         90 


112  IXDEX 

Section.       Page. 

Lien,  declared  by  ordinance 8  (25)         20 

Lien,  priority  of 56  (3)         90 

Method  of  collection --56  (3)         89 

Minute  book  of  orders,  l)y  whom  kept 56  (3)         89 

Mistake  of  name,  does  not  invalidate 56  (1)         89 

Notice  of  assessment  due     56  (3)         89 

Notice  to  owners  to  construct 56  (1)         89 

Orders  to  construct,  where  kept 56  (3)         89 

Ordinance,  not  necessary 56  (1)         89 

Owners' right  to  construct 56  (1)         89 

Payment,  time  of 56  (3)         89 

Rotate,  funds  from  gutter  payments 56  (4)         91 

Sums  chargeable  to  owner 56  (3)         89 

HEALTH  DEPARTMENT. 

Civil  service,  officers  under 46  67 

City  Health  Officer,  qualifications 20  32 

City  Health  Officer,  appointed  how 7  16 

Health  Department  under  Mayor 11  21 

Health  regulations,  quarantine,  etc 8  (9)         18 

Nuisances  declared  and  abated  by 8  (9)         18 

Rules  and  regulations  to  secure 8  (9)         18 

Rules  and  regulations  to  govern 20  32 

Sanitary  Disinfector,  office  of 20  32 

HOLD-OVER  ELECTIVE  OFFICERS. 

Commissioners. 65  93 

Mayor 64  92 

HOME  INDUSTRIES. 

Contractors  favored  when  equal 27  39 

HOSPITAL  COMMISSION. 

Appointed  and  confirmed  by  whom 7  16 

Appropriations  from  special  and  ordinary  tax 49  70 

Bonds  of  members  of ■- 49  68 

Budget  does  not  include  collections 49  69 

Created  seven  members,  citizenship 49  68 

Compensation  of  members,  none 49  68 

Employees,  employed  and  salaries  fixed,  how 49  69 

Expenditures  not  over  $150,  made  how 49  70 

Organization  of 49  68 

Term  of  office 49  68 

HOSPITALS. 

Administrator - —  49  68 

Clinical  privileges 49  69 

Expenditures 49  70 

How  to  establish  and  maintain 8  (9)         18 

Illegal  payment  can  be  recovered 49  70 

Internes,  appointed  how 1 49  69 

Medical  attendants 49  69 

Monthly  detailed  reports,  made  to 49  69 

Nurses'  and  employees' salaries,  fixed  how 49  69 

Oath  of  members,  what 49  68 

Pay  patients,  clinical  fees,  revenues,  kept  how 49  .    69 

Reports  made  to  whom 49  69 

Rules  and  regulations,  made  how 49  68 

Revenue ,  kept  and  used  how 49  69 

Salaries,  fixed  how 49  "69 

Separate  account  of  all  revenues  collected 49  69 


INDEX  1 1 3 

Section.    Page. 

Staff 4^  69 

Tax  levy,  special,  for  one-third  of  one  mill 49  70 

\'oiichers  signed  by  Chairman      49  70 

HUMANE  COMMISSION. 

Appointed  and  confirmed,  by  whom 16 

Appropriations  over  $500,  made  how 51  73 

Created  of  five  members,  no  pay 51  73 

Cruelty  to  animals  and  children,  jurisdiction  over _._  51  73 

Cruelty  to  animals  and  children,  regulation  of 8       (30)         20 

Expenditures,  how  made 51  73 

Fines  set  apart  to  credit  of 51  73 

First  Board,  who  composes 51  73 

Humane  officers,  employed  how 51  73 

Officers  appointed  and  salaries  fixed 51  73 

Officers  have  police  powers 43-51  65-73 

Property  acquired  and  controlled  by 51  73 

Quali fications  of 51  73 

Reports  made  quarterly 51  74 

Rules  for  government,  made  how 51  73 

Salaries,  fixed  how 51  73 

Tax  lew 51  73 

Term  of  office 51  73 

Vouchers  signed  by  Chairman  and  Secretary 51  73 

IMPEACHMENT. 

Certiorari  to  Circuit  Courts 5  15 

City  Council  as  Court  of -_-_ 5  14 

Contempt,  penalty  for 5  15 

Councilmen  subject  to 5  14 

Mayor  subject  to 5  14 

Notice  of  charges  in  writing 5  15 

Officials  not  under  civil  service,  subject  to 5  15 

Penalty,  expulsion  or  suspension 5  15 

Proof  may  be  by  deposition 5  15 

Subpoenas 5  15 

INSPECTIONS. 

Building  material 8       (14)         18 

Coal,  lumber,  hay,  etc 8       (15)         19 

Provisions I S        fl6)  19 

JUDGE  OF  CITY  COURT. 

Appointed  and  confirmed  by  whom 7  16 

Appeals 21  53 

Compensation 21  32 

Jurisdiction  and  powers 21  32 

Jurisdiction  over  parks 52  76 

Oath  of  office 21  i2 

Pardons,  power  to  grant --  21  32 

Qualifications  of 21  32 

Termofofficeof 21  32 

LABORERS. 

How  employed '1  .         -- 

Wages,  how  fixed 9         'M         21 

When  and  how  discharged H  22 

LAW  DEPARTMENT. 

(See  Title  City  Attorney.) 23  34 


114  INDEX 

Section.     Page. 
LEGISLATIVE  POWERS. 

GtMieral  welfare  povvt-is,  residuary  in  8        (32)         20 

Vested  in  City  Council .  -                                                                                ^  12 

LIENS. 

.\but ting  improvement  lien  attaches,  when                                        42  (8)         55 

.\butting  improvements,  enforced  how 42  (8)         54 

Gutters,  (Sec  title  "Gutters.") ! 89 

Minute  book  notice  of  abutting  improvement.. 42  (S)         53 

Sidewalk  and  curb       (See  title  Sidewalk  and  Curb. ,)  86 

Taxes,  ordinary  and  extraordinary 29  39 

Weeds,  for  cutting S  (9)          18 

MAYOR. 

.Administrative  affairs  of  City,  under 11  21 

Bond 11  22 

Board  Public  Works,  Chairman  of 16  29 

Budget - 11  24 

Compensation,  fi.xed  how 8  (6)         17 

Compensation,  fixed  how J H  21 

Compensation,  fixed  by 57  91 

Continued  in  office 64  92 

Commissions,  advisory  to ^- 67  94 

Elected  by  City  Council 7  16 

Erroneous  assessments  corrected 29  39 

General  powers  and  authority 11  21 

Impeachment 5  14 

Officers  appointed  by 11  22 

Officers  subject  to  confirmation  — 7  16 

Oath  of  office H  22 

Ordinances  passed  on  his  recommendation  only 9  21 

Qualifications H  21 

Removed,  how 5-11       14-15-24 

Secretary  to . 11  21 

Temporary  vacancies  filled  by 57  91 

Term  of  office H  24 

Vacancy,  filled  how 11  22 

Vouchers  signed  by 17  31 

NUISANCES. 

Abated  within  one-mile  radius  of  city .- 8  (9)          18 

Declared  and  enforced 8  (9)          18 

Expenses  for  abating,  collected  how . -     8  (9)         18 

Lien  for  abatement  of 8  (9)          18 

OFFICES. 

Abolished,   how 9  (1)         21 

.\ppointed  by  Mayor,  subject  to  confirmation 7  16 

Appointed  by  Mayor 11  22 

Bonds  of,  secured  how 58  91 

Bonds  of  appointive  employees,  fixed  how 9  (2)         21 

Created  by  ordinance  on  recommendation  of  Mayor 9  (1)         21 

Continued  in  office 65  93 

City  Attorney,  appointed  how 7  16 

Civil  service,  applicable  to  what  offices 46  67 

Compensation  not  by  law,  fixed  how 9  (2)          21 

Discharged  by  Mayor H  -- 

How  nominated,  how  filled 7  16 

One  office  only  by  one  official 39  4S 

Tax  Assessor,  appointed  how 7  16 

Temporary  absence,  filled  by  Mayor ._    ,57  91 


INDEX 


115 


NOTES  ON  BOND  ISSUE. 
Amount  of   

Authorized  by  ordinance 

Approved  by  City  Attorney. 
Paid  how 

Referendum  not  necessary. . 

Refunding  notes 

vSale  for  less  than  par,  how.. 
Special  tax  levy  for 


Section.     Page. 


ORDINANCES. 

Abutting  Improvement  Bond 

.\mendments - 

Annexation  of  new  territory,  consent  by 

Ayes  and  Xoes  recorded 

Bond,  subject  to  referendum 

Bonds  of  officers  fi.xed  by 

Budget  adopted  by 

Carried  forward 

City  Council's  powers,  by 

City  Council's  power  by,  on  recommendation  of  Mayor. 

Di  gest  of 

Enacting  clause.  _  

Enrollment  of 

Evidence  of.  what  is 

Fines,  etc.,  for  breach  of 

Franchise  passed,  how 

Hours  of  day's  labor,  fixed  by 

Notes  on  bond  issue  by .  

Offices,  created  by 

Passed,  how 1  — 

Penalty  for  violation  ,  limit  

Present  adopted  

Salaries  fixed  by 

Signed  by  President 

Tax  Equalization  Board,  time  of  meeting  fixed  by 

Vote  on  roll  by  call  .     

Wages  fixed  by .    

Welfare  clause,  otherwise  effective  in  .10  days 


PARDONS. 

City  Judge  has  ])ovver- 

PARK  COMMISSION. 

.\rt  Commission,  may  appoint 

.\rt  exhibits,  provided  l)y       

Board  of,  created  five  members 

Books  of  .\ccount  kept  and  open  for  inspection.  . 

Budget  submitted  to  Mayor 

Chairman  of,  selected  how 

Compensation  of,  none 

Care,  management,  and  control  vested  in 

City  Court  has  jurisdiction  to  preserve  order  in 
Condemnation  of  property  for  parks,  method 

Condemnation  of  projicrty  for  parks 

Create  system  of  public  parks 

Expenditures  made  within  its  funds 

Funds  belonging  to. 

Gifts,  donations,  etc.,  for  park  purposes   . 
Liens,  vendor's,  for  deferred  payments 
Location  of  parks,  power  to. 


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1  1 6  INDEX 

Section.    Page- 
Notes  of  indebtedness  for  purchase  of  parks 52  (4)         74 

Oath  of,  taken ._  52  (2)         74 

(Ordinances  and  rules,  power  to  make  for  parks 52  (5)         75 

Organize  Board,  how 52  (2)         74 

"Park  Account,"  kept  separate 52  (6)         76 

Parks  or  playgrounds,  regulation  of  use 8  (19)         19 

"Park  Property,"  defined 52  (8)         77 

Payments  deferred,  made  how 52  (4)         74 

Punishment  violation  of  rules,  regulating  use 52  (5)         75 

Present  Board  continued  in  office 52  (1)         74 

Police  or  agents  of  park  may  arrest 52  (5)         75 

Police,  special,  under  Park  Board 52  (5)         75 

Property  for  parks,  acquired  how 52  (4)         74 

Qualifications  of  members 52  (1)         74 

Report  of  Commissioners  in  December 52  (7)         77 

Revenues,  may  anticipate  how 32  43 

Salary  of  Secretary  and  duties,  what 52  (3)         74 

Secretary  selected  for  one  year,  how 52  (3)         74 

Sold  property,  by 52  (4)         74 

Tax  levied  for  parks,  special 52  (6)         76 

Term  of  office,  five  years 52  (1)         74 

Title  to  property  in  Chairman,  when 52  (4)         74 

^ Title  to  property  in  city  when  fully  paid  for 52  (4)         74 

'Vacancy,  how  filled 52  (1)         74 

PENSIONS. 

(See  title  Civil  Service  and  Pensions.) 34 

Account  pension  funds 54  85 

Book  kept 24  36 

Board  created,  who 24  34 

Cases  heard 24  35 

Dues,  amount,  when  paid 54  85 

Firemen  and  police  authorized 54  83 

Powers  of  Board 54  83 

Public  School  Pension  Board 50  72 

Tax  lew  for,  special 54  83 

Who  entitled 54(1-2-3)         83 

POLICE  DEPARTMENT. 

.\gc  limit,  members 24  35 

Authorized ■ 8  (28)         20 

Chief  appointed,  how 7  16 

Civil  service,  who  under 46  67 

Duties  and  jurisdiction 43  65 

Humane  officers,  members  of 43  65 

Jurisdiction 43  65 

Jurisdiction  over  parks 52  (5)         75 

Mayor  controls  and  appoints 11  23 

Park  policemen  under  Park  Board- _  - 52  (5)         75 

Pensi  ons 54  83 

Powers  of 43  65 

Salaries  fixed 45  66 

Substitutes  not  under  civil  service 24  36 

Subpoenas  served  by 5-24  15,  3i5 

PRIMARY  ELECTION. 

Candidates,  names,  how  gotten  on  ballot 12  25 

Candidates,  qualifications  necessary,  what 12  25 

Corrupt  practices 58  91 

Laws  under  which  it  is  held 13  26 

Officers,  judges,  and  clerks  at,  who  shall  be 12  25 


INDEX  1 1 7 

Section.       Page. 

Place,  date,  hour  of  holding   _ -    12  25 

Registration,  supplemental  and  regular _ 12  25 

Voters,  qualifications  same  as  general  election 12  25 

PRIVILEGES. 

Liscense,  tax  and  regulate,  means  of  conveyance S         (5)         17 

PUBLIC  ACT. 

Charter  Act  is  a  Public  Act 59  92 

Invalidities  isolated 63  92 

PUBLIC  BUILDINGS. 

Bonds  to  replace-    8         (?>)         17 

Care  of  public  grounds 8       (19)         19 

Erected,  how 8         (7)         17 

Humane  Commission  property 51  73 

Park  Board  property 52         i4)         74 

Sale  of 41  48 

Streets,  etc.,  are 47  67 

Transferred  to  new  corporation 60  92 

Use  of  limited 47  67 

PUBLIC  UTILITIES. 

Power  to  grant  franchises 8       (21)  19 

Rights  of  way  in  streets,  how  granted 35  47 

Sale  of  by  City 41  49 

QUARANTINE  LAWS. 

Extends  within  a  radius  of  ten  miles  about  the  City 8         (9)  81 

QUASI-JUDICIAL    POWERS   OF    COUNCIL    (See  title  Im- 
peachment)      5  )4 

RECALL  PROVISIONS. 

Amended  petition,  how  and  when  made 13  27 

Call,  filed,  etc.,  how 13  27 

Candidates  receiving  highest  vote — 13  28 

Election  Commissioners,  petition  filed  with 13  27 

Election  on  recall,  ordered  by.- 13  28 

Expense  of,  how  secured 13  27 

Petition  for,  necessary  requisites 13  27 

Removed  by,    cumulative  method 13  28 

Six  months,  not  sooner  than,  can  be  filed 13  28 

Sucessor  of  recalled  officer  holds  unexpired  term 13  28 

REFERENDUM  CLAUSE. 

Bonds 34  46 

Extension  city  limits 1  11 

Franchises 35  47 

Sale,  lease,  or  disposal  of  public  utility,  submitted 41  49 

REGISTRATION  OF  VOTERS. 

General  elections 12  25 

Primary  elections 12  25 

Property  qualifications 13  26 

REPORTS. 

Hospital  Commissioners,  monthly 49  69 

Humane  Commissioners,  quarterly 51       .  74 

Park  Commissioners,  report  in  December 52         (7)         77 

Sinking  Fund  and  Bond 31  43 


118  INDEX 

Section.       Page. 
RESOLUTIONS. 

Advcrtiseiiu'iit  sale,  etc.,  of  bonds 42  (9)         56 

.Vnticipation  revenue  notes 10  (2)         21 

.\uthorize  expenditures  in  excess  of  $1,000 10  (1)         21 

Compensation  fixed 57  91 

Enrolled 10  21 

Gutter  construction,  authorized  by 56  (I)         89 

Proclamations,  etc 10  (3)         21 

Revenue  notes,  authorized  by 32  43 

Salary  authorized,  when 57  91 

vSidewalk  and  curbing  construction,  authorized  by 55  (1)         86 

REVENUE  ANTICIPATION. 

Anticipation  bonds  or  notes,  how  issued 32  43 

Limit  in  liability 32  43 

Referendimi  not  required 34  46 

SALARIES. 

Additional,  compensation,  etc 28-39         39,  48 

Absent  from  duty,  when  paid 57  91 

By  whom  determined 9  (2)         21 

City  Attorney 9  (2)         21 

City  employees  fixed  by  ordinance 9  (2)         21 

Education  Board,  employees 50  71 

Education  Board,  none 50  70 

Expenses  paid,  when 28  39 

Extra  pay  prohibited 28  39 

Hospital  Board,  employees,  etc 49  69 

Hospital  Board,  none 49  68 

Hospital  Board,  Administrator 49  68 

Hospital  Board,  medical  attendants - 49  69 

Humane  Board,  none 51  73 

Humane  Board,  officers  and  employees 51  73 

Laborers'  wages,  fixed  how 9  (2)         21 

Mayor's  fixed  by  Council 9  (2)         21 

Officers'  fixed  by  Ordinance 9  (2)         21 

One  position  only,  one  salary 28-39  39,48 

Park  Board,  employees,  etc 52  (6)         76 

Park  Board,  none 52  (2)         74 

Park  Board,  secretary 52  (3)         74 

Police  and  firemen 45  66 

SANITATION. 

Supt.  of,  under  Civil  Service 46  67 

SEAL. 

Common  seal 2  12 

Contracts,  affixed  to 11  24 

SCHOOLS. 

(See  "Education,  Board  of.") 

Schools,  nonsectarian 8  (29)         20 

SIDEWALKS  AND  CURBS. 

Abstract  ordered  by  City  Attorney 55  (3)         88 

Assessments  collected,  how 55  (3)         86 

Assessments  for,  paid  by  installments,  how 55  (3)         87 

Construction,  provide  for  by  ordinance 8  (25)         20 

Delinquent  assessments  to  City  Attorney 55  (3)         87 

Funds  not  put  in  budget 55  (4)         88 

Installments,  may  pay  by,  how 55  (3)         87 

Interest  on  which  lien  attaches 55  (3)         88 


INDEX  1  1 9 

Section.        Page. 

Lien  for  construction 55  (3)         88 

Lien  for  construction,  provided  for 8  (25)         20 

Method  of  collection 55  (3)         86 

Notice  to  abutting  owners,  how  given 55  (1)         86 

Ordinance  not  necessary „  55  (1)         86 

Owners'  right  to  construct 55  (2)         86 

Paid  by  installments,  how 55  (3)         87 

Power  to  construct,  in  whom 55  (2)         86 

Priorty  of  lien 55  (3)         88 

Sums  chargeable  to  owners 55  (3)         86 

Time  of  payment  for 55  (3)         86 

SINKING  FUND. 

Bonds  bought  and  report  made 31  42 

Bonds  of  city  alone,  paid  from 31  42 

Created,  ten  per  cent  set  apart  each  month 31  41 

Disbursements  from,  rules  and  conditions 31  43 

General  fund,  transfer  to,  when 31  42 

Invested,  how 31  42 

Report  on,  to  City  Council 31  43 

Revenue  notes  not  subject  to 32  43 

Redemption  bonds,  prorated  from 31  42 

Special  levies  and  proceeds  of  bonds  excluded 31  41 

Sale  of  bonds  in 31  43 

Sinking  Fund  Account,  kept 31  41 

Tax  levy,  for  extraordinary 30  41 

SPECIAL  ELECTIONS. 

Annexation  of  new  territory 1  11 

Bond  ordinances 34  46 

Franchise  ordinance 35  47 

Held  under  State  laws 13  26 

Recall 13  26 

Vacancy  in  City  Council 3  13 

Voters,  quali  fications 13  "26 

STREETS,  SEWERS,  ETC. 

Abutting  property  law 42  49 

Eminent  domain 8  (S)         17 

Exclusive  power  to  construct II  23 

Gutter  improvement :  56  89 

Mayor  controls 11  23 

Opened,  widened,  etc.,  how 8  (7)         17 

Public  property   47  67 

Sidewalks  and  curbs 55  86 

Superintendent,  under  civil  service 46  67 

TAX  ASSESSOR. 

Appointed  how_ .        _ 7  16 

Assessments  by 29  39 

Civil  service,  under 46  67 

Duties 19  31 

Qualifications ,.19  31 

Oath          19  31 

TAX  EQUALIZATION  BOARD. 

Certificate  to  books 25  36 

How  made  up 25  36 

Members  appointed,  how 7  16 

Law  governing 25  36 

When  does  it  sit 25  36 


120  INDEX 

Section.       Page. 

TAX  LEVY  AND  TAXES. 

Abutting  Improvement  Bonds,  to  retire 42  (12)         59 

Additional  levy  other  than  ordinary 30  41 

All  property  taxed 29  39 

Assessment,  by  whom  made 29  39 

Assessment,  property  subject  to 29  39 

Chancery  Court  has  jurisdiction  to  collect 29  40 

Collected  when  delinquent ,  how 29  40 

Deficiency,  extra  levy  made  up 30  41 

Distress  warrant,  power  to  issue 29  .40 

Diversion  prohibited 1 1  24 

Extraordinary  tax  levy,  for , 30  41 

Hospital  tax  levy 49  70 

Humane  Commission,  purpose  for 51  73 

Interest  and  penalties,  what 29  39 

Lien  for  taxes 29  40 

Levy  and  collection  of  taxes  on  property,  privileges,  etc 8  16 

Merchants,  stock  and  capital 8  (4)         17 

Occupations  ta.xed 8  (2)         17 

Omitted  assessments 29  40 

Ordinary  not  higher  than  1.1  per  cent 30  41 

Ordinary  purposes,  what  are 30  41 

Parks,  special  levy  for 52  (6)         76 

Pensions,  special  tax _• 54  83 

Privilege  tax 8  (2)         17 

Property  tax 8  (1)          17 

School   pension,  special  levy 50  72 

(  f9-12-18^ 
Street  improvement,  special  levy  for 42n  ^       ,/-   eg   ^^ 

Special  levy  for  Revenue  Notes 32  44 

Sales  to  collect  through  Chancery  Court 29  40 

Sales  bought  in  by  Mayor 11  23 

Schools,  special  for 30  41 

Tax  Assessor 19  31 

Transportation  Facilities  Bonds 53a  (5)         82 

Taxes  assessed  for  all  purposes 29  39 

Taxes  levied,  how 8     (1-2)         17 

TRANSPORTATION  TRUSTEES,  BOARD  OF. 

.Action  ratified  by  City  Council 53  (5)         78 

Amendment  of  ordinance,  by  whom 53  (6)         78 

Authority 53  (1)         77 

Board,  qualifications  of  members 53  (3)         77 

Board,  who  compose 53  (2)         77 

Bonds  for  raising  funds 53a  (1)         80 

Bonds,  general  obligation  of  city 53a  (3)         81 

Bonds,  registered 53a  (6)         82 

Bonds,  secured  by  mortgage -. 53a  (4)         82 

Bonds,  submitted  to  popular  vote 53a  (2)         81 

Bonds,  tax  levy  to  pay 53a  (5)         82 

Certified  copy  of  records,  evidence 53  (11)         80 

Compensation,  none 53  (8)         79 

Contracts,  made  by 53  (7)         78 

Evidence,  certified  copy  of  records  is 53  (11)         80 

Executive  and  ministerial  powers,  vested  in 53  (7)         78 

Expenses,  paid  how 53  (8)         79 

Funds  for  facilities,  how  raised 53a  (1)         80 

Funds  for  facilities,  how  used 53a  (7)         82 

Jurisdiction 53  (4)         77 

Meetings,  called  and  regular 53  (8)         79 

Members,  qualifications  of 53  (3)         77 


INDEX  121 

Section.       Page  • 

Minutes  and  records 53  (11)         80 

Oath  of ,  form  and  where  filed 53  (10)         80 

Ordinance,  by  whom  amended 53  (6)         78 

Ordinance  of  City  Council  necessary . 53  (5)         78 

Organization  of - 53  (8)         79 

Power  to  acquire  or  dispose  of 53  (1)         77 

Powers  of  Board 53  (4)         77 

Quorum 53  (11)         80 

Recommendations  to  City  Council 53  (5)         78 

Records  and  minutes 53  (11)         80 

Registration  of  bonds 53a  (6)         82 

Reports,  monthly ,---  53  (7)         78 

Street  railways,  not  included 53  (4)         77 

Tax  levy  to  pay  bonds 53a  (5)         82 

Transportation  facilities  defined 53  (1-4)       77 

Vacancies,  how  filled 53  (8)         79 

Vacancy,  for  cause 53  (9)         79 

TREASURER. 

Appointed  by  whom ^-- 7  16 

Bond 18  31 

Duties 18  31 

Salary 18  31 

VACANCIES. 

Civil  Service  Board,  filled  how 24  34 

Councilmen,  filled  how 3  13 

Education,  Board  of,  filled  how 50  70 

Mayor ,  filled  how 11  21 

Park,  Board  of,  filled  how 52  (1)         74 

Transportation  trustees,  Board  of,  how  filled 53  (8)         79 

Temporary,  filled  how 1 57  91 

VOTERS'  QUALIFICATIONS. 

Personal  and  property  qualifications,  what 13  26 

Registered  where 13  26 

WHARVES. 

Erect,  repair,  etc.,  and  fix  rates S  (IS)          19 

WARDS. 

Boundaries 1  5 

Fifteen 1  5 

WATERWORKS  DEPARTMENT. 

Assessment  for  water 8  i22)          19 

.\uthorized  by  ordinance 8  (22)         19 

Civil  service,  officers  under ' 46  67 

Condemnation  for 8  (8)          17 

Free  water  to  military  camps --  41  49 

Mayor  supervises  and  controls 11  24 

Rates  fixed  by  ordinance II  23 

Superintendent  appointed  and  confirmed,  how,                                     '<  16 

WORKHOUSE. 

Established  by  Ordinance 8  (24)         20 

Imprisonment  in,  limited S  (24)         20 

Keeper  of .-    22  33 

Mayor  controls 11  23 

Prisoners  in.-,                        .22  33 

WEIGHTS  AND  MEASURES. 

Standard  weights  and  measures  fixed --     8  (16)         19 

Sealer  of,  appointed  by  ordinance 8  (i6)         19 


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